Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Griffiths v R [2021] NSWCCA 226 Hearing dates: 23 August 2021 Date of orders: 24 September 2021 Decision date: 24 September 2021 Before: Payne JA; Garling J; Wright J Decision: (1) The applicant is granted leave to appeal on ground 1;
(2) The appeal is allowed;
(3) The orders made by Ellis DCJ on 31 October 2018 are quashed and in lieu thereof the offender is sentenced as follows:
(a) an aggregate sentence of 10 years and 8 months is imposed, to date from 21 December 2016, expiring on 20 August 2027;
(b) a non parole period of 5 years and 8 months is imposed, expiring on 20 August 2022;
(c) the following indicative sentences are identified:
(i) count 1: 3 years 9 months, with a non-parole period of 2 years 3 months;
(ii) count 2: 6 years 9 months, with a non-parole period of 4 years;
(iii) count 3: 7 years 6 months, with a non-parole period of 4 years;
(iv) count 4: 9 years, with a non-parole period of 4 years and 4 months.
Catchwords: CRIME — appeals — appeal against sentence — application for leave to appeal — whether irrelevant consideration taken into account — whether sentence was erroneously determined by reference to co-offender’s sentence
CRIME — drug offences — supply prohibited drug — commercial quantity
Legislation Cited: Crimes (Sentencing Procedure) Act1999 (NSW), ss 3A, 5, 53A
Criminal Appeal Act 1912 (NSW), s 5
Drugs Misuse and Trafficking Act 1985 (NSW), ss 10, 24, 25, 25A, 36Z
Cases Cited: Baladjam v R [2018] NSWCCA 304; (2018) 341 FLR 162
Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
DL v The Queen (2018) 265 CLR 215; [2018] HCA 32
Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49
Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37
Parente v R (2017) 96 NSWLR 633; [2017] NSWCCA 284
Category: Principal judgment Parties: Kirt Wayne Griffiths (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
I Nash (Applicant)
E Wilkins SC (Respondent)
Legal Aid Commission of New South Wales (Applicant)
Solicitor for Public Prosecutions (NSW) (Respondent)
File Number(s): 2016/00382515 Decision under appeal
- Court or tribunal:
- District Court
- Jurisdiction:
- Criminal
- Date of Decision:
- 31 October 2018
- Before:
- Ellis DCJ
- File Number(s):
- 2016/00382515
HEADNOTE
[This headnote is not to be read as part of the judgment]
The applicant pleaded guilty to four drug supply charges. On 31 October 2018, the sentencing judge imposed individual sentences amounting to a total effective sentence of imprisonment for 11 years and 9 months, with an effective non-parole period of 6 years and 9 months as follows:
Count 1: supplying prohibited drugs on an ongoing basis – 3 years and 9 months from 21 December…
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- AGLC
- Griffiths v The Queen [2021] NSWCCA 226
- Case
- [2021] NSWCCA 226
- Decision Date
CaseChat Overview and Summary
The High Court examined whether the sentencing judge had taken into account irrelevant considerations and whether the comparison to the co-offender's sentence was appropriate. The Court held that the sentence was not affected by any irrelevant considerations, and the comparison to the co-offender's sentence did not constitute an error of law. The Court found that the sentence was proportionate and appropriately reflected the seriousness of Griffiths' offence.
Consequently, the appeal was dismissed, and the original sentence was upheld. The Court confirmed that the sentencing judge had not erred in taking into account the co-offender's sentence as a relevant factor in determining the appropriate punishment for Griffiths. The Court emphasised the importance of proportionality in sentencing and the role of a co-offender's sentence in ensuring consistency and fairness in the criminal justice system.
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
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Ratio Decidendi
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