Stokes v Regina [2008] NSWCCA 123

Stokes v Regina [2008] NSWCCA 123

The finding of aggravation by planning and organisation under s21A(2)(n) Crimes (Sentencing Procedure) Act 1999 was open on the facts as the applicant's operation had attributes beyond ordinary supply; the overall sentence of four years' imprisonment with a non-parole period of three years was not excessive and no lesser sentence was warranted.

Parties
Applicant: Tyson Stokes; Respondent: Regina
Jurisdiction
Australia
Judgment Date
04 June 2008
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal against the sentences is granted; appeal is dismissed.
Legal Topics
Sentencing, Supply of Prohibited Drugs, Aggravating Factors, Manifestly Excessive Sentence
Criminal Law Sentencing Supply of Prohibited Drugs Aggravating Factors Manifestly Excessive Sentence

Case Brief

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Parties

Tyson Stokes

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in finding present the aggravating factor under s21A(2)(n) Crimes (Sentencing Procedure) Act 1999
  2. 2 Whether the sentence was manifestly excessive

Ratio Decidendi

The finding of aggravation by planning and organisation under s21A(2)(n) Crimes (Sentencing Procedure) Act 1999 was open on the facts as the applicant's operation had attributes beyond ordinary supply; the overall sentence of four years' imprisonment with a non-parole period of three years was not excessive and no lesser sentence was warranted.

Court Disposition

Leave to appeal against the sentences is granted; appeal is dismissed.

Orders

  • Leave to appeal against sentence granted
  • Appeal dismissed