20 Feb 2024
In the exceptional and unusual circumstances of this case there was a triable question whether the applicant's offered assistance could properly be categorised as of no practical use; accordingly leave to appeal against sentence should be granted and the applicant should be provided legal representation for the appeal so the issue can be fully determined.
11 Sept 2014
Leave to appeal against sentence was granted. The sentencing of Charge 1 (trafficking) was not shown to be excessive and will stand for appellate consideration; Charge 2 (simple possession) raised an arguable issue because treating possession of multiple drug types as an aggravating factor and the adopted starting point for a very small quantity may have rendered the sentence excessive. Accordingly leave was granted and both sentences will be before the Court of Appeal under section 83I.
27 May 2005
The Court rejected the applicant's allegations as inherently not credible and unrelated to the convictions; the guilty pleas and admissions of fact remained operative; the sentencing starting points and overall sentence were within the judge's discretion and constrained by District Court jurisdiction so there was no basis to interfere; the delayed application to extend time lacked any valid explanation and was dismissed.