Regina v Schluenz

Schluenz was charged and convicted of drug importation by post and was subsequently sentenced to imprisonment. The offender appealed against his sentence on the basis that the impact of his imprisonment on his teenage son constituted an exceptional factor warranting a departure from the sentencing principles set out in the Sentencing Act. The High Court of Australia was asked to determine whether the impact of the offender's imprisonment on his son was an exceptional factor warranting a departure from the principles of sentencing and whether the sentencing judge should have taken into account the exceptional impact on the offender's son.

The court held that the impact of the offender's imprisonment on his son was not an exceptional factor warranting a departure from the sentencing principles. The court found that the sentencing judge had taken into account the impact of the offender's imprisonment on his son, but that the impact was not exceptional. The court held that the impact on the offender's son was not a special point of principle that warranted a departure from the sentencing principles. The court further held that the sentencing judge had not erred in law in failing to take into account the impact of the offender's imprisonment on his son as an exceptional factor.

The court dismissed the offender's appeal against sentence. The court held that the sentencing judge had correctly applied the principles of sentencing and had not erred in law in failing to take into account the impact of the offender's imprisonment on his son as an exceptional factor. The court found that the impact on the offender's son was not exceptional and did not warrant a departure from the sentencing principles. The court held that the sentence imposed by the sentencing judge was appropriate and did not require variation.