Hudi, Vladimir v Chung, Graham George [1981] FCA 87

Hudi, Vladimir v Chung, Graham George [1981] FCA 87

The sentence of three months' imprisonment was not shown to be manifestly excessive nor based on material error or inadmissible facts; the appeal is therefore dismissed and the sentence confirmed.

Source-derived case information.

Parties
Appellant: Vladimir Hudi; Respondent: Graham George Chung
Jurisdiction
Australia
Judgment Date
04 February 1981
Procedural Posture
Criminal Appeal / Appeal From Supreme Court of the Northern Territory to Federal Court
Outcome
Appeal dismissed. Sentence confirmed.
Legal Topics
Sentencing, Illicit Sale of Alcohol, Liquor Licensing
Criminal Law Sentencing Illicit Sale of Alcohol Liquor Licensing

Source-derived case record

Summary, issues, holding and outcome

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Parties

Vladimir Hudi

Appellant

Graham George Chung

Respondent

Procedural Posture

Criminal Appeal / Appeal From Supreme Court of the Northern Territory to Federal Court

Legal Issues

  1. 1 Whether the sentence of three months' imprisonment for selling liquor without authorisation was manifestly excessive
  2. 2 Whether the Special Magistrate and the Chief Justice took into account inadmissible or disputed facts in sentencing
  3. 3 Admission of fresh evidence on appeal

Ratio Decidendi

The sentence of three months' imprisonment was not shown to be manifestly excessive nor based on material error or inadmissible facts; the appeal is therefore dismissed and the sentence confirmed.

Court Disposition

Appeal dismissed. Sentence confirmed.

Orders

  • The appeal is dismissed.
  • The sentence of three months' imprisonment is confirmed.