TYN v R [2009] NSWCCA 146

TYN v R [2009] NSWCCA 146

The sentencing judge's notional starting point of 12 years was not manifestly excessive, being at the high end but within the judge's discretion for offences involving the relevant quantity of heroin. The reductions for plea and assistance were properly applied, and case law supports that the starting point was within the range for similar offending.

Parties
Applicant: TYN; Respondent: Regina
Jurisdiction
Australia
Judgment Date
15 May 2009
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence, Determination on Appeal
Outcome
Leave to appeal granted, appeal dismissed.
Legal Topics
Drug Offences, Importation of Border Controlled Drug, Sentencing Appeals
Criminal Law Drug Offences Importation of Border Controlled Drug Sentencing Appeals

Case Brief

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Parties

TYN

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence, Determination on Appeal

Legal Issues

  1. 1 Whether the notional starting point of the sentence of 12 years was manifestly excessive

Ratio Decidendi

The sentencing judge's notional starting point of 12 years was not manifestly excessive, being at the high end but within the judge's discretion for offences involving the relevant quantity of heroin. The reductions for plea and assistance were properly applied, and case law supports that the starting point was within the range for similar offending.

Court Disposition

Leave to appeal granted, appeal dismissed.