Jacobs v The Queen [2001] FCA 1192

Jacobs v The Queen [2001] FCA 1192

The appeal failed because the finding that the appellant participated in an organised distribution ring was open on the agreed facts, the impugned general comments did not infect the required factual findings or show that the appellant was sentenced on facts without evidence, there was no evidence capable of establishing drug addiction, the New South Wales sentencing statistics were not received and were marginal at best, and the appellant did not demonstrate error of principle or manifest excess in the concurrent sentences and non-parole period.

Jurisdiction
Australia
Judgment Date
29 August 2001
Procedural Posture
Criminal Sentencing Severity Appeal / Appeal From the Supreme Court of the Australian Capital Territory to the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['drug Offences' 'severity Appeal' 'manifest Excess' 'sentencing Facts' 'further Evidence on Appeal' 'deterrence' 'rehabilitation']
['criminal Law' 'sentencing' 'evidence'] ['drug Offences' 'severity Appeal' 'manifest Excess' 'sentencing Facts' 'further Evidence on Appeal' 'deterrence' 'rehabilitation']

Case Brief

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Procedural Posture

Criminal Sentencing Severity Appeal / Appeal From the Supreme Court of the Australian Capital Territory to the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the sentencing judge took factual matters into account that were not before him.' "Whether the sentencing judge placed undue weight on deterrence and failed to take account of the appellant's alleged drug addiction." 'Whether the sentences imposed were manifestly excessive having regard to the quantities of drugs, guilty pleas and subjective circumstances.' 'Whether sentencing statistics from New South Wales should be received as further evidence on the appeal.']

Ratio Decidendi

The appeal failed because the finding that the appellant participated in an organised distribution ring was open on the agreed facts, the impugned general comments did not infect the required factual findings or show that the appellant was sentenced on facts without evidence, there was no evidence capable of establishing drug addiction, the New South Wales sentencing statistics were not received and were marginal at best, and the appellant did not demonstrate error of principle or manifest excess in the concurrent sentences and non-parole period.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellant pay the respondent's costs."]