Leffley v R [2016] NSWCCA 243

Leffley v R [2016] NSWCCA 243

The sentences imposed were not manifestly excessive or discordant with the sentencing judge's findings. All relevant objective and subjective factors were taken into account, including the applicant's role as courier (but above street-level), early guilty plea, and lower than mid-range seriousness. The total effective sentence and reduced non-parole period reflected consideration of these factors and did not disclose error or misapplication of principle.

Jurisdiction
Australia
Judgment Date
04 November 2016
Procedural Posture
Application for Leave to Appeal Against Sentence / Decision on Leave to Appeal and Substantive Appeal
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'appeal Against Sentence' 'supplying Prohibited Drugs' 'manifestly Excessive Sentence' 'application of Sentencing Discounts' 'objective and Subjective Seriousness']
['criminal Law'] ['sentencing' 'appeal Against Sentence' 'supplying Prohibited Drugs' 'manifestly Excessive Sentence' 'application of Sentencing Discounts' 'objective and Subjective Seriousness']

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Procedural Posture

Application for Leave to Appeal Against Sentence / Decision on Leave to Appeal and Substantive Appeal

Legal Issues

  1. 1 ['Whether the sentences imposed were manifestly excessive or discordant with the judge’s findings of fact.' 'Whether the sentencing judge erred in the application of sentencing principles given the applicant’s subjective circumstances.']

Ratio Decidendi

The sentences imposed were not manifestly excessive or discordant with the sentencing judge's findings. All relevant objective and subjective factors were taken into account, including the applicant's role as courier (but above street-level), early guilty plea, and lower than mid-range seriousness. The total effective sentence and reduced non-parole period reflected consideration of these factors and did not disclose error or misapplication of principle.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • ['Leave to appeal be granted.' 'The appeal be dismissed.']