Regina v Markar [2000] NSWCCA 72

Regina v Markar [2000] NSWCCA 72

No error material enough to warrant interference with the sentence was shown; the sentence imposed, including the non-parole period and credit for pre-sentence custody, was within the sentencing judge's discretion.

Parties
Crown: Regina; Applicant/appellant: Kiriakos Markar
Jurisdiction
Australia
Judgment Date
10 March 2000
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal against sentence allowed; appeal refused
Legal Topics
Sentencing, Drug Offences, Appeal Against Sentence, Non Parole Period
Criminal Law Sentencing Drug Offences Appeal Against Sentence Non Parole Period

Case Brief

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Parties

Regina

Crown

Kiriakos Markar

Applicant/appellant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was excessive
  2. 2 Whether the non-parole period was appropriate in ratio to the head sentence
  3. 3 Whether sufficient weight was given to the plea of guilty

Ratio Decidendi

No error material enough to warrant interference with the sentence was shown; the sentence imposed, including the non-parole period and credit for pre-sentence custody, was within the sentencing judge's discretion.

Court Disposition

Leave to appeal against sentence allowed; appeal refused

Orders

  • Leave to appeal against the sentence is allowed.
  • The appeal is refused.