R v Kenny [2000] NSWCCA 92

R v Kenny [2000] NSWCCA 92

Given the facts that the quantity of drug was less than commercial, the applicant's prior good character and prospects of rehabilitation, and relevant sentencing statistics, a two-year custodial sentence was manifestly excessive; an eighteen-month sentence with a six-month minimum term and parole eligibility at its expiration was appropriate.

Jurisdiction
Australia
Judgment Date
14 May 2008
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence; Appeal Determination
Outcome
Leave to appeal granted. Appeal allowed. Sentence reduced.
Legal Topics
['sentencing' 'drug Offences' 'manifest Excess' 'supply of Prohibited Drug']
['criminal Law'] ['sentencing' 'drug Offences' 'manifest Excess' 'supply of Prohibited Drug']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence; Appeal Determination

Legal Issues

  1. 1 ['Whether the sentence imposed was manifestly excessive for the offence of supply of methyl-amphetamine under s25(1) of the Drug Misuse and Trafficking Act 1985.']

Ratio Decidendi

Given the facts that the quantity of drug was less than commercial, the applicant's prior good character and prospects of rehabilitation, and relevant sentencing statistics, a two-year custodial sentence was manifestly excessive; an eighteen-month sentence with a six-month minimum term and parole eligibility at its expiration was appropriate.

Court Disposition

Leave to appeal granted. Appeal allowed. Sentence reduced.

Orders

  • ['Grant leave to appeal.' 'Allow the appeal.' 'Quash the sentence imposed in the District Court.' 'Sentence the applicant to imprisonment for eighteen months, comprising a minimum term of six months and an additional term of twelve months.' 'The minimum term commences on 16 November 1999 and expires 15 May 2000.'...