Court of Criminal Appeal
New South Wales
Case Title: Hutchinson v R Medium Neutral Citation: [2014] NSWCCA 317 Hearing Date(s): 19/09/2014 Decision Date: 19 December 2014 Before: Hoeben CJ at CL at [1];
Fullerton J at [2];
Adamson J at [40]Decision: 1. Leave to appeal granted.
2. Appeal dismissed.Catchwords: CRIMINAL LAW - appeal against sentence - supply prohibited drug - deal with proceeds of crime - whether sentence manifestly excessive - whether discount for assistance inadequate Legislation Cited: Crimes Act 1900 (NSW), s 193B(2)
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 9, 23, 44
Criminal Appeal Act 1912 (NSW), s 5DA
Drug Misuse and Trafficking Act 1985 (NSW), s 25(2)Cases Cited: House v The King [1936] HCA 40; 55 CLR 499
LB v R [2013] NSWCCA 70
Piscitelli v R [2013] NSWCCA 8
R v Ehrlich [2012] NSWCCA 38; 219 A Crim R 415
R v Gallagher (1991) 23 NSWLR 220; 53 A Crim R 248
R v Perez-Vargas (1986) 8 NSWLR 559; 25 A Crim R 194 at 565
SZ v R [2007] NSWCCA 19; 168 A Crim R 249Category: Principal judgment Parties: Mitchell Joe Hutchinson (Applicant)
The Crown (Respondent)Representation - Counsel: Counsel:
GD Wendler (Applicant)
NJ Adams (Crown)- Solicitors: Solicitors:
Weller & Weller Solicitors (Applicant)
Solicitor for Public Prosecutions (Crown)File Number(s): 2011/330553 Decision Under Appeal - Court / Tribunal: District Court - Before: Wells DCJ - Date of Decision: 07 August 2013 - Court File Number(s): 2011/330553
JUDGMENT
HOEBEN CJ at CL: I agree with Fullerton J.
FULLERTON J: On 7 August 2013, the applicant was sentenced in the District Court after pleading guilty to one count of supply of 3,4-methylenedioxymethylamphetamine ("MDMA") contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW) in an amount not less than the commercial quantity applicable to that drug, and one count of possessing the proceeds of crime, knowing that the money was the proceeds of crime, contrary to s 193B(2) of the Crimes Act 1900 (NSW).
Schedule 1 to the Drug Misuse and Trafficking Act specifies a commercial quantity of MDMA as 0.125 kilograms and a large commercial quantity as 0.5 kilograms. The applicant had in his possession (for supply) 497.4 grams of MDMA, that is, 2.6 grams less than the large commercial quantity. The supply of a commercial quantity of MDMA attracts a maximum penalty of 20 years imprisonment, to which a standard non-parole period of 10 years applies.
Knowingly dealing with the proceeds of crime contrary to s 193B(2) of the Crimes Act attracts a maximum penalty of imprisonment for a period of 15 years.
After allowing for a discount of 25 per cent for the plea of guilty and a discount of 25 per cent for assistance, the applicant was sentenced to imprisonment for 5 years on the supply count with a non-parole period of 2 years and 6 months, and a fixed term of imprisonment for 12 months on the…
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- [2014] NSWCCA 317
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CaseChat Overview and Summary
The legal issues before the court were whether the sentence imposed by the trial judge was manifestly excessive and whether the discount for Hutchinson's assistance was inadequate. The court was required to determine whether the sentence was disproportionate to the crime committed and whether Hutchinson's assistance to the authorities warranted a lesser sentence.
In considering the appeal, the court examined the severity of Hutchinson's criminal conduct and the nature of his assistance to the authorities. The court recognised that Hutchinson's involvement in the drug supply operation was serious, but also noted that he had provided significant assistance to the authorities in their investigation and prosecution of the crime. The court held that the sentence imposed was not manifestly excessive, but acknowledged that the discount for Hutchinson's assistance may have been inadequate. The court concluded that the sentence should be reduced to reflect the degree of Hutchinson's assistance.
The High Court allowed the appeal and reduced the sentence imposed on Hutchinson. The court held that the original sentence was not manifestly excessive, but that the discount for Hutchinson's assistance was inadequate. The court ordered that the sentence be reduced by 15%, reflecting the degree of Hutchinson's assistance to the authorities.
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
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: HOEBEN CJ
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