Court of Criminal Appeal
Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Baias v R [2016] NSWCCA 269 Hearing dates: 19 August 2016 Decision date: 30 November 2016 Before: Hoeben CJ at CL at [1]
Campbell J at [2]
Button J at [3]Decision: (1) Leave to appeal granted.
(2) Appeal dismissed.Catchwords: CRIMINAL LAW – sentence appeal – serious offences of manufacture and supply with respect to methylamphetamine and heroin – whether sentencing judge was sufficiently precise in assessment of objective seriousness – whether mistaken belief of an applicant that a precursor was being supplied was taken into account – whether failure to state starting points of indicative head sentences established material error – appeal dismissed Legislation Cited: Criminal Procedure Act 1986 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW), s 23(4)Cases Cited: Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39
R v Way (2004) 60 NSWLR 168; [2004] NSWCCA 131
Rios v R [2012] NSWCCA 8
Ruano v R [2011] NSWCCA 149Category: Principal judgment Parties: Jon Baias
ReginaRepresentation: Counsel:
Solicitors:
S Odgers SC (Applicant)
S Dowling SC (Respondent)
Legal Aid NSW (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2012/265272 Decision under appeal
- Court or tribunal:
- District Court of New South Wales
- Jurisdiction:
- Criminal
- Date of Decision:
- 18 September 2015
- Before:
- Townsden DCJ
- File Number(s):
- 2012/265272
Judgment
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Hoeben CJ at CL: I agree with Button J and the orders he proposes.
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Campbell J: I agree with Button J.
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Button J:
Background
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The background to this application for leave to appeal against sentence is as follows.
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In September 2014, the applicant was arraigned at the commencement of a trial by judge alone in the District Court of New South Wales before Judge Townsden. He was called upon to plead to three counts.
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The first count resulted in a verdict of not guilty, and need not be discussed further.
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The second count, which was in the alternative to the first, alleged that the applicant had knowingly taken part in the manufacture of methylamphetamine. The maximum penalty for the offence was imprisonment for 15 years, with no standard non-parole period provided by Parliament. The applicant pleaded guilty to that alternative count on arraignment, and indeed had offered to do so for many months beforehand. He was duly found guilty of that offence.
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The third count alleged that the applicant had supplied a large commercial quantity of methylamphetamine; namely 1,094.5 grams. The maximum penalty was imprisonment for life, and a standard non-parole period of 15 years applied. Although the applicant entered a plea of not guilty to that offence, his Honour returned a verdict of guilty at the end of the trial.
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Separately, the applicant pleaded guilty in the Local Court to two further serious drug offences.
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The first (sequence 13) was that he supplied a large commercial quantity of heroin; namely 1,049.98 grams. The maximum penalty was imprisonment for life, with a standard non-parole period of 15 years.
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The second matter committed…
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- AGLC
- Baias v The Queen [2016] NSWCCA 269
- Case
- [2016] NSWCCA 269
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the sentencing judge had appropriately evaluated the objective seriousness of the crimes and whether the appellant's mistaken belief about the supply of a precursor should have been considered as a mitigating factor. The court also considered if the omission of the starting points for the indicative head sentences constituted a material error that warranted an appeal. These issues were pivotal in assessing the correctness of the sentence imposed and whether the appeal should be upheld.
The High Court held that the sentencing judge had sufficiently considered the objective seriousness of the crimes, taking into account the quantity of drugs involved and the potential harm to the community. The court found that the appellant's mistaken belief did not sufficiently mitigate the gravity of his actions, as the harm caused by the supply of methylamphetamine and heroin was significant. Furthermore, the court determined that the omission of the starting points for the indicative head sentences did not establish a material error, as the overall sentence imposed was within the appropriate range. Consequently, the appeal was dismissed, and the original sentence was upheld.
The court did not alter the sentence imposed by the trial judge and confirmed that the sentence was appropriate given the circumstances of the case. The appellant's appeal was thus rejected, and the original sentence remained in effect.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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