Edwards v R [2008] NSWCCA 281

Edwards v R [2008] NSWCCA 281

Although there was an error in the quantum attributed to Form 1 offences, the total sentence imposed was not manifestly excessive or unjust given the seriousness and quantity of the drug offences and the benefit received from concurrent sentencing; thus, no reduction was warranted.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 December 2008
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Substantive Appeal
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['appeal Against Sentence' 'drug Offences' 'sentencing Principles' 'form 1 Offences']
['criminal Law'] ['appeal Against Sentence' 'drug Offences' 'sentencing Principles' 'form 1 Offences']

Source-derived case record

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Substantive Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in having regard to public safety as an aggravating factor' 'Whether the sentencing judge erred in treating the offence as a planned and organised criminal activity in aggravation' "Whether sufficient weight was given to the applicant's good character" 'Whether the increase in sentence due to Form 1 offences was excessive']

Ratio Decidendi

Although there was an error in the quantum attributed to Form 1 offences, the total sentence imposed was not manifestly excessive or unjust given the seriousness and quantity of the drug offences and the benefit received from concurrent sentencing; thus, no reduction was warranted.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • ['Grant leave to appeal' 'Dismiss the appeal']