Jamie Peter Dolman v The Queen

Case [2010] NSWCCA 137


New South Wales
Court of Criminal Appeal

CITATION: Jamie Peter DOLMAN v R [2010] NSWCCA 137
HEARING DATE(S): 11 December 2009
 
JUDGMENT DATE: 

30 July 2010
JUDGMENT OF: McClellan CJatCL at 1; Hidden J at 2; Johnson J at 27
DECISION: Leave to appeal granted, appeal allowed. Sentence for ongoing supply of prohibited drug quashed. In lieu, taking into account the matters on the Form 1, applicant sentenced to a non-parole period of 1 year and 9 months, to commence on 16 September 2009 and to expire on 15 June 2011, and a balance of term of 1 year and 3 months, to commence on 16 June 2011 and to expire on 15 September 2012.
CATCHWORDS: CRIMINAL LAW - application for leave to appeal against sentence - ongoing supply of methylamphetamine - Form 1 matters - sentence accumulated upon sentence following revocation of s 12 bond - error in manner in which head sentence arrived at - special circumstances arising from accumulation
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999
Drug Misuse and Trafficking Act 1985
CATEGORY: Principal judgment
CASES CITED: R v Tobar [2004] NSWCCA 391, 150 A Crim R 104
R v Suaalii [2005] NSWCCA 206
R v Mauai [2005] NSWCCA 207
R v Clarke [2009] NSWCCA 49
PARTIES: Jamie Peter DOLMAN (Applicant)
REGINA (Respondent Crown)
FILE NUMBER(S): CCA 2008/12740
COUNSEL: M Johnston (Applicant)
V Lydiard (Respondent Crown)
SOLICITORS: S O'Connor (Legal Aid Commission) (Applicant)
S Kavanagh (Solicitor for Public Prosecutions) (Resondent Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2006/12740
LOWER COURT JUDICIAL OFFICER: Toner DCJ
LOWER COURT DATE OF DECISION: 12 September 2008




                          2008/12740

                          McCLELLAN CJ at CL
                          HIDDEN J
                          JOHNSON J

                          Friday 30 July 2010
Jamie Peter DOLMAN v R
Judgment

1 McCLELLAN CJ at CL: I agree with Hidden J.

2 HIDDEN J: The applicant, Jamie Peter Dolman, seeks leave to appeal against sentence, having been sentenced to terms of imprisonment for drug offences at Taree District Court on 12 September 2008. To understand the sentencing order it is necessary to sketch a little of his criminal history.

3 In May 2006, he was sentenced in the Local Court to short terms of imprisonment for a number of charges of possessing a prohibited drug and a charge of attempting to use such a drug. He appealed against those sentences to the District Court, and on 23 October 2006 another judge quashed those sentences and gave him the benefit of a bond for 18 months, pursuant to s 9 of the Crimes (Sentencing Procedure) Act 1999, on each charge. He was called up for breaches of those bonds by the commission of further offences, and on 27 November 2007 the present sentencing judge imposed a suspended sentence of imprisonment for 2 years, pursuant to s 12 of the Crimes (Sentencing Procedure) Act, directing that he enter into a good behaviour bond for the same period.

4 In March 2008, while subject to those bonds, he committed the offences the subject of this…

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Jamie Peter Dolman v The Queen [2010] NSWCCA 137
Case
[2010] NSWCCA 137
Decision Date

CaseChat Overview and Summary

Jamie Peter Dolman brought an application for leave to appeal against his sentence in the High Court. Dolman had been convicted of multiple offences, including the ongoing supply of methylamphetamine. The appeal focused on the manner in which his sentence was calculated, particularly the aggregation of his sentence upon the revocation of a s 12 bond. The central issue was whether the trial judge erred in the way he determined the head sentence and the impact of the accumulation of sentences.

The court considered whether there was a significant error in the trial judge's calculation of the head sentence. It was argued that the trial judge's approach to the accumulation of sentences led to an unjust outcome, given that Dolman's overall sentence was excessive. The court had to decide if the error was substantial enough to warrant an appeal and if there were any special circumstances that justified the grant of leave to appeal.

In its reasoning, the court held that there was indeed a significant error in the manner in which the head sentence was determined. The trial judge's approach to the accumulation of sentences was flawed, leading to an unjust outcome. The court recognised the special circumstances arising from the accumulation, which exacerbated the error. Consequently, the High Court granted Dolman leave to appeal against his sentence. The final orders included leave to appeal, with specific directions for the conduct of the appeal.

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

Legal Principle Established

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