Read the full judgment text of CACC 000428/2004 on BabelCite. This Court of Appeal judgment was delivered on 15 February 2005 before Stuart-Moore V-P, Stock JA.
Criminal law – sentencing – dangerous drugs – possession – trafficking – leave to appeal – disparity – plea discount – absconding – surrender – concurrent sentence – The applicant was found with a total of 1847.70g of mixture containing morphine salts and other drugs, pleaded guilty, and was sentenced to 15 years for trafficking with concurrent terms for possession. He applied for leave to appeal on grounds of disparity with a co-defendant (his brother) who received the same sentence after trial, and inadequate credit for his guilty plea. The Court of Appeal held that disparity with a co-defendant sentenced by a different judge is not a ground for reducing a proper sentence; the sentence here was not wrong in principle. The Recorder properly reduced the plea discount because the applicant had absconded and only later surrendered for personal reasons. Application dismissed.
Legal issues: Leave to appeal against sentence
Outcome: Application for leave to appeal against sentence dismissed.
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