NEW SOUTH WALES COURT OF CRIMINAL APPEAL
CITATION: Hourigan v R [2006] NSWCCA 183
FILE NUMBER(S):
2006/16
HEARING DATE(S): 5 June 2006
DECISION DATE: 05/06/2006
EX TEMPORE DATE: 05/06/2006
PARTIES:
Shon Hourigan (Appellant)
Regina (Respondent)
JUDGMENT OF: McClellan CJ at CL Johnson J Latham J
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/11/0542
LOWER COURT JUDICIAL OFFICER: Acting Judge Andrew
COUNSEL:
No appearance of Appellant (written submissions only)
Ms J Dwyer (Respondent)
SOLICITORS:
SC Kavanagh (Respondent)
CATCHWORDS:
APPEAL - plea of guilty to supplying heroin (four counts) - appeal against conviction - no reason to doubt integrity of pleas of guilty - appeal against sentence - parity principle - sentences not manifestly excessive
LEGISLATION CITED:
Drug Misuse and Trafficking Act 1985
Criminal Appeal Act 1912
DECISION:
1. Appeal against conviction dismissed
2. Leave to appeal against sentence granted, but appeal dismissed.
JUDGMENT:
IN THE COURT OF
CRIMINAL APPEAL
2006/16
McCLELLAN CJ at CL
JOHNSON J
LATHAM J5 June 2006
SHON HOURIGAN v REGINA
Judgment
McCLELLAN CJ at CL: The Court is in a position to give judgment. Johnson J will give the first judgment.
JOHNSON J: On 19 October 2004, the Appellant, Shon Hourigan, pleaded guilty in the Sydney District Court to an indictment containing four counts of supplying a prohibited drug, heroin, contrary to s.25(1) Drug Misuse and Trafficking Act 1985. The sentencing proceedings came before Acting Judge Andrew who, on 22 April 2005, sentenced the Appellant to concurrent terms on each count of imprisonment for three years with a non-parole period of one year and nine months. The sentences commenced on 6 November 2004 and will expire on 5 November 2007. The non-parole period will expire on 5 August 2006.
On 28 December 2005, the Appellant lodged a notice seeking leave to appeal against sentence only. On 15 February 2006, the Appellant filed an Amended Notice of Appeal against conviction and sentence. The Appellant has not been represented for the purposes of this appeal. He has filed written submissions in support of the appeal. He informed the Registrar of the Court that he did not wish to be present at the hearing of the appeal and relied upon his written submissions. Accordingly, the hearing of the appeal has proceeded today in his absence.
Factual Background
Before moving to consider the grounds of appeal, it is appropriate to refer shortly to the circumstances of the offences under appeal and the proceedings against the Appellant in the District Court.
The Appellant was one of nine persons arrested during the course of Operation Whistlesea, an investigation in late 2002 into the distribution of heroin in the Newcastle area. The Appellant was committed for trial at the Newcastle Local Court on 17 March 2004. From an affidavit which has been read by the Crown on the appeal, it appears that the Appellant was legally represented between March 2004 and April 2005 by the same firm of solicitors or counsel instructed by that firm.
On 19 October…
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- AGLC
- Hourigan v The Queen [2006] NSWCCA 183
- Case
- [2006] NSWCCA 183
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether there was any reason to doubt the integrity of the appellant's pleas of guilty, and whether the sentences imposed were manifestly excessive. The court considered the evidence presented and the circumstances of the offences to determine whether the appellant's pleas were entered into voluntarily and whether the sentences were proportionate to the offences committed.
The court found that there was no reason to doubt the integrity of the appellant's pleas of guilty, as they were entered into following plea discussions between the appellant's counsel and the Crown. The court also found that the sentences imposed were not manifestly excessive, taking into account the principle of parity and the circumstances of the offences. The court therefore dismissed the appeal against conviction and sentence.
The final orders of the court were that the appeal against conviction and sentence be dismissed and that the original conviction and sentence stand. The court did not make any further orders in relation to the appeal.
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, CLELLAN CJ, CLELLAN CJ
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