8 Jun 2010
Given the quantity of heroin (958.39g) a 21-year starting point with a 2-year enhancement for importation was appropriate; the only substantial mitigation was the guilty plea for which a one-third discount was applied, yielding the imposed sentence which the court upheld and refused leave to appeal.
27 Feb 2002
The application for leave to appeal out of time is refused because the sentencing choices were within proper range: the robbery starting point, reduction for guilty plea, and the ordering of part of the immigration sentence concurrent were appropriate; foreignness and unfamiliarity do not justify further reduction and the total term of 4 years is not manifestly excessive.
13 Dec 2001
The Court held that the sentencing judge's starting point of 27 years was not wrong in principle for trafficking just over 3 kg of cocaine and that the one‑third reduction for plea was appropriate; however a specific one‑year discount for the applicant's overseas residence (foreignness) was erroneous because foreignness is at best a minor factor and does not justify a specific discount; Rohrer was treated as per incuriam; overall the 17‑year sentence as imposed was not excessive and the appeal was dismissed.
3 Oct 2001
The Magistrate's choice of starting point, the discounts for cooperation and guilty plea, and the application of the totality principle were within proper sentencing discretion; the appellant's personal circumstances and foreignness do not demonstrate that the sentence was excessive, and therefore the appeal is dismissed.