Barbi v The Queen

The applicant, Barbi, appealed against a sentence imposed by the sentencing judge for the commercial supply of cocaine. The appeal was heard by Grant CJ, Kelly and Barr JJ.

The central legal issue before the Court of Appeal was whether the sentence imposed on the applicant was manifestly excessive. This required the court to determine if the sentence was unreasonable or plainly unjust, considering the seriousness of the offence and the relevant sentencing principles.

The Court of Appeal reasoned that a sentence is only manifestly excessive if it is unreasonable or plainly unjust, and not merely arguably so. The court acknowledged that there is no single correct sentence and that differences of judicial opinion are permissible. Applying this standard, the court found that the applicant's offending was objectively serious, involving the supply of seven times the threshold commercial quantity of cocaine over five months, conspiracy with international criminals for importation, harbouring offenders, and significant financial gain. The court concluded that a sentence of six years imprisonment with a non-parole period of four years, two months and two weeks was not unreasonable or plainly unjust.

Consequently, the Court of Appeal granted an extension of time for the appeal but dismissed the appeal itself.