Ly v R [2008] NSWCCA 262

Ly v R [2008] NSWCCA 262

No sentencing error was established. The sentencing judge was entitled to independently assess objective seriousness notwithstanding any Crown submission, expressly took into account the quantity being approximately 100 grams over the large commercial quantity threshold, and was entitled to give little weight to the absence of actual dissemination because the circumstances showed the applicant was involved in the business of supplying drugs, with indicia including scales, large amounts of cash, 28 mobile phones, bank funds, his own admission that he had been selling the drug for some time up to the day of arrest, and a drug value in excess of $500,000. The categorisation of the offence as...

Jurisdiction
Australia
Judgment Date
13 November 2008
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['supply of Prohibited Drug' 'large Commercial Quantity Methylamphetamine' 'standard Non Parole Period' 'objective Seriousness' 'deemed Supply' 'form 1 Offences' 'special Circumstances' 'appellate Review of Sentence']
['criminal Law' 'sentencing' 'drug Offences'] ['supply of Prohibited Drug' 'large Commercial Quantity Methylamphetamine' 'standard Non Parole Period' 'objective Seriousness' 'deemed Supply' 'form 1 Offences' 'special Circumstances' 'appellate Review of Sentence']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge erred by finding that the applicant's offence fell within the mid range of seriousness for offences of this type." "Whether any perceived Crown concession that the offence was below the mid range bound or affected the sentencing judge's assessment." 'What weight should be given to the quantity of methylamphetamine being only 101.22 grams above the large commercial quantity threshold.' 'What weight should be given to the fact that the drugs were not actually supplied into the community.']

Ratio Decidendi

No sentencing error was established. The sentencing judge was entitled to independently assess objective seriousness notwithstanding any Crown submission, expressly took into account the quantity being approximately 100 grams over the large commercial quantity threshold, and was entitled to give little weight to the absence of actual dissemination because the circumstances showed the applicant was involved in the business of supplying drugs, with indicia including scales, large amounts of cash, 28 mobile phones, bank funds, his own admission that he had been selling the drug for some time up to the day of arrest, and a drug value in excess of $500,000. The categorisation of the offence as...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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