Regina v Radford [2002] NSWCCA 122

Regina v Radford [2002] NSWCCA 122

The combination of the applicant's operation of an ongoing drug supply business, bad criminal record, fact that he was on recognisance at the time, lack of guilty plea, and absence of compelling subjective factors meant the sentence was not outside the permissible range. Neither the sentence nor the non-parole period exceeded the permissible range, and no error was established warranting variation of the sentence.

Jurisdiction
Australia
Judgment Date
28 March 2002
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence and Appeal Determination
Outcome
Leave to appeal against sentence granted; appeal dismissed
Legal Topics
['sentencing' 'drug Offences' 'ongoing Supply of Prohibited Drugs' 'mental Health and Sentencing' 'mitigating Factors']
['criminal Law'] ['sentencing' 'drug Offences' 'ongoing Supply of Prohibited Drugs' 'mental Health and Sentencing' 'mitigating Factors']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence and Appeal Determination

Legal Issues

  1. 1 ['Whether the sentence for supplying heroin on an ongoing basis was manifestly excessive' 'Whether mental illness and protective custody warranted moderation of the sentence' 'Whether special circumstances were established regarding parole']

Ratio Decidendi

The combination of the applicant's operation of an ongoing drug supply business, bad criminal record, fact that he was on recognisance at the time, lack of guilty plea, and absence of compelling subjective factors meant the sentence was not outside the permissible range. Neither the sentence nor the non-parole period exceeded the permissible range, and no error was established warranting variation of the sentence.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed

Orders

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