R v SMIROLDO [2000] NSWCCA 120

R v SMIROLDO [2000] NSWCCA 120

The sentence imposed on the applicant was not excessive and was appropriate having regard to the systematic retail drug supply business in which the applicant was involved, the seriousness of the offence under section 25A, and the proper application of sentencing principles; leave was granted in view of the novelty of the provision, but the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
14 April 2000
Procedural Posture
Criminal Appeal / Leave to Appeal Granted; Appeal on Sentence
Outcome
Appeal dismissed
Legal Topics
['drug Offences' 'sentencing' 'supply of Prohibited Drugs' 'section 25 a Drug Misuse and Trafficking Act']
['criminal Law'] ['drug Offences' 'sentencing' 'supply of Prohibited Drugs' 'section 25 a Drug Misuse and Trafficking Act']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Granted; Appeal on Sentence

Legal Issues

  1. 1 ['Proper approach to sentencing for an offence under section 25A of the Drug Misuse and Trafficking Act' 'Whether the sentence imposed was excessive']

Ratio Decidendi

The sentence imposed on the applicant was not excessive and was appropriate having regard to the systematic retail drug supply business in which the applicant was involved, the seriousness of the offence under section 25A, and the proper application of sentencing principles; leave was granted in view of the novelty of the provision, but the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['Leave to appeal granted' 'Appeal dismissed']