Tabuan v R

• 1. Criminal Law
  2. › Sentencing
  3. › Findings of fact after jury verdict
  4. › Constraint that findings adverse to offender must be proved beyond reasonable doubt
  5. › Whether sufficient evidence to support finding as to offender's knowledge of quantity of drugs
  6. › Drug Misuse and Trafficking Act 1985 (NSW), s 25(1)
• 1. Criminal Law
  2. › Sentencing
  3. › Findings of fact after jury verdict
  4. › Obligation to sentence on basis most favourable to offender where evidence insufficient to make adverse findings beyond reasonable doubt
• 1. Criminal Law
  2. › Appeal
  3. › Appeal against sentence
  4. › Error identified in sentencing findings
  5. › Whether error warrants different sentence
  6. › Whether sentence within proper range notwithstanding error
• 1. Criminal Law
  2. › Sentencing
  3. › Parity
  4. › Whether applicant entitled to justifiable sense of grievance
  5. › Co-offender sentenced for more serious offence
  6. › Whether co-offender's sentence arguably lenient

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