Regina v Benais [1999] NSWCCA 236

Regina v Benais [1999] NSWCCA 236

The sentencing judge did not overlook the quantity of drug, the applicant's early guilty plea, contrition, prior clear record, courier role, and financial need. A starting point of nine years was not excessive for importing 1,560 tablets containing 61 grams of Ecstasy, and the adjusted sentence of six years with a three-year non-parole period disclosed no error, particularly given the importance of general deterrence in drug importation cases.

Jurisdiction
Australia
Judgment Date
26 July 1999
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Out of Time and Application to Appeal Against Sentence
Outcome
Application for leave to appeal out of time granted; application to appeal against sentence granted; appeal dismissed.
Legal Topics
['importing a Trafficable Quantity of Prohibited Imports' 'ecstasy' 'manifest Excess' 'general Deterrence' 'section 16 G Adjustment']
['criminal Law' 'sentencing'] ['importing a Trafficable Quantity of Prohibited Imports' 'ecstasy' 'manifest Excess' 'general Deterrence' 'section 16 G Adjustment']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Out of Time and Application to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether leave to appeal out of time should be granted.' 'Whether leave to appeal against sentence should be granted.' 'Whether the sentence of imprisonment for six years with a non-parole period of three years was manifestly excessive having regard to the quantity of drug, early guilty plea, contrition, prior good character, courier role and financial motivation.' 'Whether the sentencing judge gave inadequate weight to relevant mitigating factors.']

Ratio Decidendi

The sentencing judge did not overlook the quantity of drug, the applicant's early guilty plea, contrition, prior clear record, courier role, and financial need. A starting point of nine years was not excessive for importing 1,560 tablets containing 61 grams of Ecstasy, and the adjusted sentence of six years with a three-year non-parole period disclosed no error, particularly given the importance of general deterrence in drug importation cases.

Court Disposition

Application for leave to appeal out of time granted; application to appeal against sentence granted; appeal dismissed.

Orders

  • ['Leave to appeal out of time granted.' 'Leave to appeal against sentence granted.' 'Appeal dismissed.']