R v Do [2005] NSWCCA 258

R v Do [2005] NSWCCA 258

The sentencing judge correctly exercised independent sentencing discretion on retrial and was not required to consider potential deportation as extra-curial punishment in the absence of supporting evidence; both grounds of appeal fail.

Jurisdiction
Australia
Judgment Date
22 July 2005
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence; Substantive Appeal Determination
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['sentencing' 'importation of Drugs' 'deportation and Extra Curial Punishment' 'retrials and Resentencing']
['criminal Law'] ['sentencing' 'importation of Drugs' 'deportation and Extra Curial Punishment' 'retrials and Resentencing']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the sentencing judge failed to exercise an independent sentencing discretion on retrial' 'Whether deportation consequences constitute extra-curial punishment warranting mitigation of sentence']

Ratio Decidendi

The sentencing judge correctly exercised independent sentencing discretion on retrial and was not required to consider potential deportation as extra-curial punishment in the absence of supporting evidence; both grounds of appeal fail.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

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