Finnigan v R

The respondents appealed against their sentences for a number of charges, including drug trafficking. The primary judge imposed sentences of imprisonment of 13 years and 11 months for the respondents, which was to run concurrently. The primary judge also imposed a non-parole period of 10 years and 4 months for each of the respondents. The respondents submitted that the sentencing judge erred by misapprehending the relevant facts of the case and by failing to properly assess the objective seriousness of the offending. The respondents further submitted that the sentences imposed were manifestly excessive.

The court considered whether the sentencing judge erred in the manner identified in Pearce v The Queen. The court found that the sentencing judge did not misapprehend the relevant facts of the case. The court also found that the sentencing judge properly assessed the objective seriousness of the offending and that the sentences imposed were not manifestly excessive. The court further found that the sentences imposed were appropriate, having regard to all the circumstances of the case. The appeal was dismissed.