R v Vinh Khang LE [2003] NSWCCA 197

R v Vinh Khang LE [2003] NSWCCA 197

The sentence imposed, although severe and at the high end of the relevant scale, was not manifestly excessive in the circumstances, including the applicant's prior conviction and lack of contrition; the sentencing discretion was properly exercised.

Parties
Applicant: Vinh Khang Le; Respondent: Crown
Jurisdiction
Australia
Judgment Date
15 July 2003
Procedural Posture
Criminal Appeal / Court of Criminal Appeal, Leave to Appeal and Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Sentencing, Supply of Prohibited Drug, Excessive Sentence
Criminal Law Sentencing Supply of Prohibited Drug Excessive Sentence

Case Brief

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Parties

Vinh Khang Le

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Court of Criminal Appeal, Leave to Appeal and Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for supply of a prohibited drug was manifestly excessive

Ratio Decidendi

The sentence imposed, although severe and at the high end of the relevant scale, was not manifestly excessive in the circumstances, including the applicant's prior conviction and lack of contrition; the sentencing discretion was properly exercised.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal is granted
  • Appeal is dismissed