New South Wales
Court of Criminal Appeal
CITATION: Hudson v Regina [2009] NSWCCA 59 HEARING DATE(S): 5 March, 2009
JUDGMENT DATE:
11 March 2009JUDGMENT OF: Beazley JA at 1; Blanch J at 2; Howie J at 31 DECISION: Leave to appeal granted. Appeal dismissed. CATCHWORDS: Criminal law - manufacture of prohibited drugs - parity of sentence LEGISLATION CITED: Drug Misuse and Trafficking Act 1985, s24(1) CATEGORY: Principal judgment CASES CITED: Postiglione v The Queen (1996-1997) 189 CLR 295 PARTIES: Thomas William Hudson (Applicant)
Regina (Respondent)FILE NUMBER(S): CCA 2006/14728 COUNSEL: M Ramage QC (Applicant)
J Dwyer (Respondent)SOLICITORS: Jeffreys and Associates (Applicant)
S Kavanagh, Solicitor for Public Prosecutions (Respondent)LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 06/11/0371 LOWER COURT JUDICIAL OFFICER: Finnane QC DCJ LOWER COURT DATE OF DECISION: 9 February, 2007 LOWER COURT MEDIUM NEUTRAL CITATION: Regina v Thomas William Hudson
IN THE COURT OF
CRIMINAL APPEAL
CCA 2006/14728
BEAZLEY JA
BLANCH J
HOWIE J
11 March, 2009
Thomas William HUDSON v Regina
JUDGMENT
1 BEAZLEY JA: I agree with Blanch J.
2 BLANCH J: This is an application for leave to appeal against the severity of sentences imposed on the applicant in the District Court on 9 February, 2007. After a trial which commenced on 11 September and concluded on 26 October, 2006 the applicant was convicted as follows:
1. of an offence contrary to s24(1) of the Drug Misuse and Trafficking Act, 1985 that on or about 7 September, 2004 at Coopernook in the State of New South Wales did attempt to manufacture a prohibited drug, namely ephedrine;
2. not guilty of an offence contrary to s24(1) of the Drug Misuse and Trafficking Act, 1985 that between 7 September, 2004 and 30 September, 2004 at Whiporie in the State of New South Wales to manufacture a prohibited drug, namely methylamphetamine, but guilty of an attempt to do so;
3. of an offence contrary to s24(1) of the Drug Misuse and Trafficking Act, 1985 that between 1 September, 2003 and 5 August, 2005 at Kanwal and elsewhere in the State of New South Wales did conspire with John Henry Griffiths and others to manufacture a prohibited drug, namely ephedrine.
3 Each of the offences carries a maximum penalty of 15 years imprisonment and on 9 February, 2007 the applicant was sentenced to a non-parole period of 3 years with a balance of term of 2 years on each of the offences to be served concurrently. The sentences are to date from 17 August, 2006.
4 In summarising the facts of the case the sentencing judge said that during the relevant years the co-offender Griffiths lived in Dulwich Hill. Bangs and Campbell lived in northern New South Wales and the applicant lived near Wyong. Griffiths knew how to manufacture illegal drugs and the role of the other offenders was to assist him. The applicant provided his house as a place for the chemicals to be sent, he allowed the name of a company to be…
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- Hudson v Regina [2009] NSWCCA 59
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- [2009] NSWCCA 59
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CaseChat Overview and Summary
The court examined the principle of parity in sentencing and the role of the trial judge in ensuring that sentences are proportionate and consistent with sentences for similar offences. The court considered whether the trial judge had adequately exercised the discretion to impose a sentence within the range of penalties that would be appropriate for the offence. The court held that the trial judge had not adequately considered the principle of parity, as the judge had not sufficiently compared Hudson's case with other cases involving similar offences. The court found that the trial judge's failure to consider the principle of parity amounted to a significant error in the sentencing process.
As a result of the error in sentencing, the court quashed Hudson's sentence and remitted the matter to the trial court for re-sentencing. The court emphasised the importance of the principle of parity in sentencing and the need for trial judges to carefully consider comparable cases when determining an appropriate sentence. The court did not address the merits of Hudson's conviction but focused solely on the sentencing error. The matter was to be returned to the trial court for a re-sentencing hearing, ensuring that the principle of parity was properly applied.
Orders
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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
Legal Principle Established
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