Trimarchi v Regina [2019] NSWCCA 189

Trimarchi v Regina [2019] NSWCCA 189

The sentencing judge did not err in the assessment of the seriousness of each offence. The judge's sentencing remarks, when read as a whole, demonstrated consideration of both common and distinguishing features relevant to the offences, and differences in indicative sentences reflected differences in the quantity and type of drug. There was no error in principle or misapplication of the so-called 'Clark principle.' Nor was the aggregate sentence manifestly excessive by the standards of appellate review.

Jurisdiction
Australia
Judgment Date
14 August 2019
Procedural Posture
Criminal Appeal / Appeal Against Sentence, Leave to Appeal Considered
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['appeals' 'sentence' 'objective Seriousness' 'manifest Excess' 'drug Offences' 'aggregate Sentence']
['criminal Law'] ['appeals' 'sentence' 'objective Seriousness' 'manifest Excess' 'drug Offences' 'aggregate Sentence']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence, Leave to Appeal Considered

Legal Issues

  1. 1 ['Did the sentencing judge fail to properly assess the objective seriousness of each drug offence?' 'Was the aggregate sentence manifestly excessive?']

Ratio Decidendi

The sentencing judge did not err in the assessment of the seriousness of each offence. The judge's sentencing remarks, when read as a whole, demonstrated consideration of both common and distinguishing features relevant to the offences, and differences in indicative sentences reflected differences in the quantity and type of drug. There was no error in principle or misapplication of the so-called 'Clark principle.' Nor was the aggregate sentence manifestly excessive by the standards of appellate review.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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