R v JJ

In this matter, the appellant, JJ, was convicted of drug trafficking offences. JJ appealed against the sentence imposed by the primary judge on the basis of manifest inadequacy. The Court of Appeal, consisting of Emmett, Byrne, and Johnson JJA, was tasked with determining whether the sentence imposed by the sentencing judge was manifestly inadequate and whether it was within the range of sentences that could be imposed by the sentencing judge. The Crown accepted that the primary judge had correctly found special circumstances, which included JJ's vulnerable position as a carer and the absence of any profit made from the offence.

The Court of Appeal considered the principles of sentencing in relation to drug trafficking offences and the impact of the legislature's imposition of a significant maximum penalty. The court also considered the special circumstances found by the primary judge and the principles of parity in sentencing. The Court of Appeal held that the sentence imposed was not manifestly inadequate and was within the range of sentences that could be imposed by the sentencing judge. The court noted that the legislature had set a significant maximum penalty for drug trafficking offences, which reflected the seriousness of such offences. The court also noted that the primary judge had taken into account the special circumstances in imposing the sentence.

The appeal was dismissed. The Court of Appeal did not make any orders.