25 Jun 1998
The applicant's youth and mitigation were considered but did not amount to exceptional circumstances justifying non-custodial disposal; the trial judge properly balanced age, guilty plea and cooperation against the substantial quantity of heroin and the need for deterrence, and the resulting prison sentence was appropriate; the application is dismissed.
24 Mar 1998
When a defendant is convicted of simple possession despite a large quantity being recovered, the sentencing process must start from the appropriate simple possession range for a bona fide user (about 1–18 months) and be increased to reflect latent risk; the trial judge erred by starting from the trafficking guideline and adjusting down, and on the facts a sentence of 3.5 years was appropriate.
21 Nov 1980
Given the appellant's youth, lack of representation, and material inconsistencies between the Brief Facts and facts recited at the plea, there was a real possibility of injustice; therefore an extension of time to appeal was granted, the conviction and sentence were quashed and a retrial ordered.