REGINA v. HEWITT [1999] NSWCCA 264

REGINA v. HEWITT [1999] NSWCCA 264

Given the range and quantity of drugs, and the sentencing judge's rejection of the applicant's assertion that the drugs were substantially for his own use, it was open to impose full-time custody. The sentence was within the discretionary range and no sentencing error was shown, so leave to appeal was refused.

Jurisdiction
Australia
Judgment Date
18 August 1999
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal
Outcome
Leave to appeal refused
Legal Topics
['supply of Prohibited Drug' 'cannabis' 'full Time Custody' 'sentencing Discretion' 'leave to Appeal Against Sentence']
['criminal Law' 'sentencing'] ['supply of Prohibited Drug' 'cannabis' 'full Time Custody' 'sentencing Discretion' 'leave to Appeal Against Sentence']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentence of full-time custody for supplying a prohibited drug was disproportionate in the absence of positive indicia of commercial dealing or evidence of trafficking in a substantial degree.' "Whether the sentencing judge erred in declining home detention and imposing a custodial sentence despite the applicant's plea of guilty and absence of relevant prior offences."]

Ratio Decidendi

Given the range and quantity of drugs, and the sentencing judge's rejection of the applicant's assertion that the drugs were substantially for his own use, it was open to impose full-time custody. The sentence was within the discretionary range and no sentencing error was shown, so leave to appeal was refused.

Court Disposition

Leave to appeal refused

Orders

  • ['Leave to appeal refused']