25 Nov 2022
The Court refused leave to appeal against sentence because the sentences fell within the appropriate range and were not manifestly excessive or wrong in principle, but granted leave to appeal on the forfeiture ground because the judge failed to allow submissions on disposal of exhibits and failed to give reasons for the forfeiture order.
1 Nov 2019
Leave to appeal was refused because the judge correctly applied established sentencing principles in setting the starting point and the 15 month enhancement, properly applied a one third reduction for the guilty plea, and the judge's factual finding that the cash was connected to the drug trafficking (and therefore properly forfeitable) was reasonable and dispositive; the grounds were not reasonably arguable.
26 Jan 2016
Where an accused is found in physical proximity to multiple types and quantities of drugs together with distribution paraphernalia (packaging, electronic scale, numerous small bags), phones and substantial cash, the only reasonable inference is trafficking; such an inference sustains conviction and a sentence of 2 years 3 months (with a concurrent 3 months for possession) is not manifestly excessive in the circumstances.
18 Sept 2012
The Magistrate was entitled to infer the appellant's complicity in not manifesting the US$82,000 and lawfully exercised discretion to order forfeiture; the appeal is dismissed.