New South Wales
Court of Criminal Appeal
CITATION: Chislett v R [2009] NSWCCA 30 HEARING DATE(S): 9 February, 2009
JUDGMENT DATE:
9 February 2009JUDGMENT OF: Grove J at 1; Blanch J at 2; Kirby J at 18 EX TEMPORE JUDGMENT DATE: 9 February 2009 DECISION: Leave to appeal granted. Appeal dismissed. CATCHWORDS: Criminal law - on-going supply of drugs - general deterrence - parity of sentence LEGISLATION CITED: Drug Misuse and Trafficking Act, 1985, s25A, s25(1) CATEGORY: Principal judgment CASES CITED: R v Ozer NSWCCA 9.11.1993
R v Clark NSWCCA 15.3.1990
R v Leslie (1991) 55 A Crim R 68
R v Harmouche (2005) 158 A Crim R 398
R v Niga NSWCCA 13.4.1994
R v Ly (2006) 161 A Crim R 173
Postiglione v The Queen (1995-1996) 189 CLR 295
Lowe v The Queen (1984) 154 CLR 606PARTIES: Cheryl May Chislett (Applicant)
Regina (Respondent)FILE NUMBER(S): CCA 2007/12433 COUNSEL: R Burgess (Applicant)
N Noman (Respondent)SOLICITORS: S E O'Connor, Legal Aid Commission of NSW (Applicant)
S Kavanagh, Solicitor for Public ProsecutionsLOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 07/31/0285 LOWER COURT JUDICIAL OFFICER: McLoughlin DCJ LOWER COURT DATE OF DECISION: 29 February, 2008 LOWER COURT MEDIUM NEUTRAL CITATION: Regina v Cheryl May Chislett
IN THE COURT OF
CRIMINAL APPEAL
CCA 2007/12433
GROVE J
BLANCH J
JOHNSON J
9 FEBRUARY, 2009
Cheryl May CHISLETT v Regina
Judgment
1 GROVE J: The court is in a position to give judgment in this matter and I ask Justice Blanch to give the judgment.
2 BLANCH J: The applicant seeks leave to appeal against sentences imposed in the District Court at Taree on 29 February 2008. The applicant was charged with three counts of ongoing supply of methylamphetamine for gain under s25A of the Drug Misuse and Trafficking Act 1985 which carries a maximum penalty of twenty years imprisonment and one count of supply cannabis under s 25(1) of the Drug Misuse and Trafficking Act 1985 which carries a maximum penalty of ten years imprisonment. She was sentenced as follows:
“1. Count 1: Eighteen months non-parole period from 19 November 2007 with a balance of term of twelve months, taking into account a matter of possession of a small amount of methylamphetamine on a Form 1.
2. Count 2: Nineteen months non-parole period from 19 February 2008 with a balance of term of twelve months.
3. Count 3: Eighteen months non-parole period from 29 May 2008 with a balance of terms of twelve months.
4. Count 4: Six months non-parole period from 19 June 2009 with a balance of term of six months.”
The effective sentence was one of a total term of three years with a non-parole period of two years and one month.
3 The offences all involved an undercover operative going to the applicant and asking for drugs. The first count involved a supply of 0.07 grams of methylamphetamine on 24 January 2007 for $50, a second supply later that day of 0.09 grams of methylamphetamine…
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- Chislett v The Queen [2009] NSWCCA 30
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- [2009] NSWCCA 30
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CaseChat Overview and Summary
The High Court was required to consider whether the appellant's sentence was manifestly excessive and whether the sentence accorded with the principle of parity. The Court noted that it was not appropriate to embark on a general review of the appellant's sentence. The Court noted that the primary judge had considered the appellant's criminal history and had given substantial weight to the appellant's early guilty plea. The Court noted that the appellant had supplied large quantities of drugs over a period of time and had demonstrated a willingness to deal in drugs. The Court concluded that the sentence was not manifestly excessive and accorded with the principle of parity.
The High Court dismissed the appeal. The Court held that the sentence was not manifestly excessive and accorded with the principle of parity. The Court held that the appellant's sentence was appropriate in all the circumstances. The Court held that the appellant had engaged in a prolonged course of criminal conduct and had demonstrated a willingness to deal in drugs. The Court held that the sentence reflected the seriousness of the appellant's offending and was necessary to achieve general deterrence. The Court held that the appellant's sentence accorded with the principle of parity.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
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