Ninness v R

The applicant, Ninness, appealed against the sentence imposed for multiple drug-related offences. The applicant was found guilty of possessing and supplying prohibited drugs, and dealing with the proceeds of crime. The appeal was heard by the Court of Appeal, where the applicant sought a reduction in his sentence. The applicant raised several grounds for appeal, including whether the sentencing judge should have taken into account his diagnosis of Attention Deficit Hyperactivity Disorder (ADHD), and whether he would receive medication for ADHD in custody. The applicant also argued that the standard non-parole period given to him was determinative and that the sentencing judge had not properly assessed the objective seriousness of his offending.

The court considered the applicant's arguments and examined the sentencing judge's reasons for imposing the sentence. The court noted that the sentencing judge was aware of the applicant's diagnosis of ADHD, but did not consider it a mitigating factor. The court held that the sentencing judge's conclusion that ADHD was not a mitigating factor was open on the evidence. The court also found that the sentencing judge had given determinative significance to the standard non-parole period, but had also considered other factors, such as the objective seriousness of the offending. The court held that the sentencing judge had made a proper assessment of the objective seriousness of the offending and that the sentence was not manifestly excessive.

The court dismissed the appeal and affirmed the sentence imposed by the sentencing judge. The court held that the sentencing judge had considered all relevant factors and had not erred in law or made a mistake of fact. The court also held that the standard non-parole period was a relevant consideration, but that the sentencing judge had not given it determinative significance. The court found that the sentence was proportionate to the seriousness of the offending and that the applicant's arguments did not warrant a reduction in sentence. The appeal was therefore dismissed, and the sentence imposed by the sentencing judge was affirmed.