Regina v R Yates [1999] NSWCCA 403

Regina v R Yates [1999] NSWCCA 403

A shorter minimum term is not warranted in light of the objective criminality of the offence and the requirements of general deterrence; appeal against sentence should be dismissed.

Parties
Respondent: Regina; Applicant: Rogan Yates
Jurisdiction
Australia
Judgment Date
08 December 1999
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
Sentencing, Supply of Prohibited Drugs
Criminal Law Sentencing Supply of Prohibited Drugs

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Rogan Yates

Applicant

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in failing to find special circumstances pursuant to s 5(2) of the Sentencing Act 1989
  2. 2 Whether the minimum term imposed was excessive and failed to reflect the subjective features of the case

Ratio Decidendi

A shorter minimum term is not warranted in light of the objective criminality of the offence and the requirements of general deterrence; appeal against sentence should be dismissed.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • Leave to appeal granted
  • Appeal dismissed