NEW SOUTH WALES COURT OF CRIMINAL APPEAL
CITATION:
Edwards v R [2008] NSWCCA 281
FILE NUMBER(S):
2006/13125
HEARING DATE(S):
7 November 2008
JUDGMENT DATE:
3 December 2008
PARTIES:
Steven Douglas Edwards (Applicant)
The Crown
JUDGMENT OF:
McClellan CJ at CL Hall J Harrison J
LOWER COURT JURISDICTION:
District Court
LOWER COURT FILE NUMBER(S):
06/31/0006
LOWER COURT JUDICIAL OFFICER:
English DCJ
LOWER COURT DATE OF DECISION:
31 October 2007
COUNSEL:
P Lange (Applicant)
P Calvert (Crown)
SOLICITORS:
S Moran & Co (Applicant)
Director of Public Prosecutions (Crown)
CATCHWORDS:
CRIMINAL LAW
appeal and new trial and inquiry after conviction
appeal and new trial
appeal against sentence
appeal by convicted persons
applications to reduce sentence
when refused
LEGISLATION CITED:
Drug Misuse and Trafficking Act 1985
Crimes (Sentencing Procedure) Act 1999
Crimes Act 1900
Criminal Appeal Act 1912
CATEGORY:
Principal judgment
CASES CITED:
Attorney-General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146
Ryan v The Queen [2001] HCA 21; (2001) 206 CLR 267
TEXTS CITED:
DECISION:
1. Grant leave to appeal
2. Dismiss the appeal.
JUDGMENT:
IN THE COURT OF
CRIMINAL APPEAL
2006/13125
McCLELLAN CJ at CL
HALL J
HARRISON JWEDNESDAY 3 DECEMBER 2008
EDWARDS, Steven Douglas v R
Judgment
McCLELLAN CJ at CL: The applicant pleaded guilty to four counts of supplying a prohibited drug contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985. The drugs were supplied over the period 11 March 2005 to 30 June 2005. The first count involved the supply of 3,4 methylenedioxymethylamphetamine (MDMA) in an amount of 1,680 grams being an amount not less than a large commercial quantity. The maximum penalty for this count was life imprisonment and/or a fine of $550,000. There is a standard non-parole period of 15 years imprisonment.
Count 2 involved an amount of 381.3 grams of amphetamine being an amount not less than the commercial quantity. The maximum penalty for this offence is imprisonment for 20 years and/or a fine of $350,000. The third count was a deemed supply of 3, 4 MDMA concerned with an amount of 225 grams. The fourth count, again deemed supply but of amphetamine involved the amount of 301.29 grams. The relevant standard non-parole period for each of counts 2, 3 and 4 was 10 years imprisonment.
There were 3 further charges which were taken into account on a Form 1 in relation to count 1 which included one charge of having goods in custody, one charge of deemed supply of 100 ecstasy tablets and another of deemed supply of 68.35 grams of methylamphetamine.
The applicant was sentenced in respect of counts 2, 3 and 4 to concurrent fixed terms of imprisonment of 7 years and 6 months. With respect to count 1, taking into account the matters on a Form 1 the sentencing judge imposed a non-parole period of 10 years with a total term of imprisonment of 17 years. The sentencing judge provided that the sentences for counts…
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- AGLC
- Edwards v R [2008] NSWCCA 281
- Case
- [2008] NSWCCA 281
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the applicant's sentence was manifestly inadequate or excessive. The court considered the principles of sentencing, including the need for deterrence, denunciation, and the protection of the community, as well as the circumstances of the offence and the applicant's culpability. The court also considered the impact of the sentence on the applicant's family and the potential for rehabilitation.
After considering the arguments and evidence presented, the court found that the sentence was not manifestly inadequate or excessive. The court acknowledged the seriousness of the applicant's offending, which involved the supply of large quantities of dangerous drugs over a period of more than three months. The court also considered the applicant's lack of remorse and the need for deterrence and denunciation. However, the court found that the sentence was proportionate to the offending and took into account the applicant's age and potential for rehabilitation.
Accordingly, the court refused the applicant's application for leave to appeal against his sentence. The court also made orders for the applicant to pay costs in relation to the application.
Orders
Orders of the court
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Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: CLELLAN CJ
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