Hurmz v R

Case

[2017] NSWCCA 235

04 October 2017


Details
AGLC Case Decision Date
Hurmz v The Queen [2017] NSWCCA 235 [2017] NSWCCA 235 04 October 2017

CaseChat Overview and Summary

In the case of Hurmz v R, the appellant, Hurmz, was convicted for the supply of a commercial quantity of cocaine. The appeal was against his sentence of 9 years and 9 months imprisonment, with a non-parole period of 7 years and 1 month. The primary issue for determination was whether the sentence imposed was manifestly excessive. This involved an assessment of the totality of the circumstances surrounding the offence, including the offender's prior history, the nature and scale of the drug supply operation, and the use of comparable cases and sentencing statistics.

The court examined whether the sentence was manifestly excessive by considering the severity of the offence, the offender's prior criminal history, and the scale of the drug supply operation. Hurmz had a history of drug offending and had been involved in a sophisticated drug supply operation over a six-month period, during which he supplied approximately 2.4 kilograms of cocaine. The court compared the current sentence with those in similar cases and considered relevant sentencing statistics to determine whether the sentence was appropriate. Ultimately, the court found that the sentence was not manifestly excessive and dismissed the appeal.

The court's reasoning focused on the proportionality of the sentence in relation to the offence and the offender's history. The sophisticated nature of the drug supply operation and the quantity of drugs involved warranted a significant sentence. The comparison with similar cases and sentencing statistics reinforced the court's conclusion that the sentence was appropriate. Consequently, the appeal was dismissed, and the original sentence was upheld.

No specific orders were made beyond the dismissal of the appeal and the upholding of the original sentence.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Sentencing

  • Drug Offences

  • Criminal History

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Cases Citing This Decision

12

Brown v The King [2023] NSWCCA 330
Cases Cited

31

Statutory Material Cited

3

Collier v R [2012] NSWCCA 213
Vaiusu v R [2017] NSWCCA 71
Dinsdale v The Queen [2000] HCA 54