Regina v Scott [2000] NSWCCA 313

Regina v Scott [2000] NSWCCA 313

Leave to appeal granted but appeal dismissed as the sentences imposed were justified and not patently disproportionate relative to others in the same enterprise; special circumstances were duly considered and no error was demonstrated in adjustments made.

Jurisdiction
Australia
Judgment Date
25 August 2000
Procedural Posture
Criminal / Sentence Appeal
Outcome
leave to appeal granted; appeal dismissed
Legal Topics
['sentence Appeal' 'drug Offences' 'special Circumstances' 'parity Principle' 'manufacture and Supply of Prohibited Drugs']
['criminal Law'] ['sentence Appeal' 'drug Offences' 'special Circumstances' 'parity Principle' 'manufacture and Supply of Prohibited Drugs']

Case Brief

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Procedural Posture

Criminal / Sentence Appeal

Legal Issues

  1. 1 ['Whether the sentence was excessive in itself' 'Whether the sentence was excessive compared to others involved in Operation Gymea' 'Whether allowance for special circumstances was inadequate' 'Whether undue weight was given to other offences taken into account']

Ratio Decidendi

Leave to appeal granted but appeal dismissed as the sentences imposed were justified and not patently disproportionate relative to others in the same enterprise; special circumstances were duly considered and no error was demonstrated in adjustments made.

Court Disposition

leave to appeal granted; appeal dismissed

Orders

  • ['Leave to appeal against sentence is granted.' 'Appeal against sentence is dismissed.']