Cao v Regina [2013] NSWCCA 321

Cao v Regina [2013] NSWCCA 321

The sentencing judge did not err in applying relevant principles, and the accumulation of sentences was discretionary and modest given seriousness and discreteness of offences. The total sentence was not manifestly excessive nor was it unreasonable or plainly unjust; leave to appeal was granted, but the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
16 December 2013
Procedural Posture
Criminal Appeal / Leave to Appeal and Appeal Determination
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentence Appeal' 'supplying Prohibited Drug' 'possession of Firearms' 'manifest Excess' 'accumulation of Sentences']
['criminal Law'] ['sentence Appeal' 'supplying Prohibited Drug' 'possession of Firearms' 'manifest Excess' 'accumulation of Sentences']

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Procedural Posture

Criminal Appeal / Leave to Appeal and Appeal Determination

Legal Issues

  1. 1 ['Whether the sentence imposed for supplying prohibited drugs and possession of firearms was manifestly excessive' 'Whether accumulation of sentences resulted in error' 'Whether there was an error of principle in sentencing']

Ratio Decidendi

The sentencing judge did not err in applying relevant principles, and the accumulation of sentences was discretionary and modest given seriousness and discreteness of offences. The total sentence was not manifestly excessive nor was it unreasonable or plainly unjust; leave to appeal was granted, but the appeal was dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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