Bui v R [2008] NSWCCA 314

Bui v R [2008] NSWCCA 314

The mistaken reference to the Crimes Act was not substantive, the applicant pleaded guilty to an offence known to law, no jurisdictional error arose, and the sentencing judge properly assessed the objective and subjective circumstances. No error or manifest excess was established, and no lesser sentence was warranted.

Jurisdiction
Australia
Judgment Date
18 December 2008
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentencing' 'cultivation of Prohibited Plants' 'appeal Against Sentence']
['criminal Law'] ['sentencing' 'cultivation of Prohibited Plants' 'appeal Against Sentence']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred by referring to s 23(2)(a) of the Crimes Act instead of the Drug Misuse and Trafficking Act' 'Whether the sentencing judge erred in characterising the seriousness and impact of the offence' 'Whether the sentence was manifestly excessive']

Ratio Decidendi

The mistaken reference to the Crimes Act was not substantive, the applicant pleaded guilty to an offence known to law, no jurisdictional error arose, and the sentencing judge properly assessed the objective and subjective circumstances. No error or manifest excess was established, and no lesser sentence was warranted.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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