Finch v R [2014] NSWCCA 278
The sentence imposed for the large commercial supply of LSD is not manifestly excessive, as the offences were serious by reason of the significant quantities involved and the conduct of the applicant. The sentencing judge was cognisant of the applicant's subjective circumstances and mitigating factors, but did not...
Source-derived case information.
- Jurisdiction
- Australia
- Judgment Date
- 24 November 2014
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- Leave to appeal against sentence granted; appeal dismissed.
- Legal Topics
- ['appeal Against Sentence' 'drug Supply Offences' 'assessment of Objective and Subjective Seriousness' 'general and Personal Deterrence']
Source-derived case record
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 ['Whether the sentence for large commercial supply of LSD was manifestly excessive' 'Whether the sentencing judge erred by failing to have regard to relevant mitigating factors']
Ratio Decidendi
The sentence imposed for the large commercial supply of LSD is not manifestly excessive, as the offences were serious by reason of the significant quantities involved and the conduct of the applicant. The sentencing judge was cognisant of the applicant's subjective circumstances and mitigating factors, but did not err in the assessment of seriousness or application of general deterrence. No legal error or manifest excess was established.
Court Disposition
Leave to appeal against sentence granted; appeal dismissed.
Orders
- ['Leave to appeal against sentence granted.' 'Appeal dismissed.']
Full Case Text
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