New South Wales
Court of Criminal Appeal
CITATION: Lorraway v R [2010] NSWCCA 46 HEARING DATE(S): 8 February 2010
JUDGMENT DATE:
31 March 2010JUDGMENT OF: McClellan CJatCL at 1; Howie J at 43; Harrison J at 44 DECISION: 1. Grant leave to appeal.
2. Appeal dismissed.CATCHWORDS: CRIMINAL LAW - appeal against sentence - whether low quantity and purity of drug mitigates seriousness of offence - appeal dismissed LEGISLATION CITED: Drug (Misuse and Trafficking) Act 1985 CATEGORY: Principal judgment CASES CITED: Anderson v R [2008] NSWCCA 211
Do, Van Nghiem v R [2008] NSWCCA 34
Hockey v R [2006] NSWCCA 146
Martinelli v R [2009] NSWCCA 175
Mulato v R [2006] NSWCA 282
R v Barker [2009] NSWCCA 225
R v Blair [2005] NSWCCA 78; 152 A Crim R 462
R v Deng [2005] NSWCCA 430
R v Knight; R v Biuvanua [2007] NSWCCA 283
R v Mendez (2005) 155 A Crim R 241
R v Shi [2004] NSWCCA 135
R v Way [2004] NSWCCA 131; (2004) 60 NSWLR 168
Sivell v R [2009] NSWCCA 286PARTIES: Joshua Keith Lorraway (Applicant)
The CrownFILE NUMBER(S): CCA 2008/19352 COUNSEL: H Cox (Applicant)
M Grogan (Crown)SOLICITORS: Legal Aid of NSW (Applicant)
Director of Public Prosecutions (Crown)LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 2008/19352 LOWER COURT JUDICIAL OFFICER: Black DCJ LOWER COURT DATE OF DECISION: 27 March 2009
2008/19352
WEDNESDAY 31 MARCH 2010McCLELLAN CJ at CL
HOWIE J
HARRISON J
: The applicant came before the District Court for sentencing in relation to matters for which he was convicted and sentenced in the Local Court and other matters to which he pleaded guilty in the District Court. In the District Court he pleaded guilty to four counts as follows:
Count 1: supply 1.24 grams of 3-4 methylenedioxymethylamphetamine (Ecstasy) on 4 July 2008. He was sentenced to a fixed term of 6 months imprisonment to date from 20 February 2009 and expire on 20 August 2009.
Count 2: supply 3.08 grams of methylamphetamine for which he was sentenced to a fixed term of 12 months imprisonment to date from 20 February 2009 and expire on 19 February 2010.
Count 4: supply not less than the commercial quantity of methamphetamine (259.2 grams) for which he was sentenced to a non-parole period of 4½ years imprisonment to date from 20 February 2009 and expire on 19 August 2013 with an additional term of 2½ years to expire on 19 February 2016. This offence carries a maximum penalty of 20 years imprisonment and a standard non-parole period of 10 years (s 25(2) of the Drug (Misuse and Trafficking) Act ) .Count 3: supply 1.28 grams of methylamphetamine for which he was sentenced to a fixed term of 12 months imprisonment to date from 20 February 2009.
2 The applicant seeks leave to appeal against the sentence in relation only to count 4.
3 The applicant appealed against his sentence in relation to…
Continue reading Lorraway v R
Sign in free to access the full text
- AGLC
- Lorraway v R [2010] NSWCCA 46
- Case
- [2010] NSWCCA 46
- Decision Date
CaseChat Overview and Summary
The court considered the nature of the offence, which involved the trafficking of a controlled substance, and the legislative intent behind stringent penalties for such activities. It examined precedents and statutory provisions to assess how the quantity and purity of the drug should influence the sentencing. Ultimately, the court found that while the quantity and purity were relevant, they did not sufficiently mitigate the gravity of the offence. The statutory framework and the need to deter such activities were given greater weight. Consequently, the appeal was dismissed, upholding the original sentence imposed by the lower court.
The reasoning and outcome of the case underscore the court's stance on the seriousness of drug trafficking offences, regardless of the quantity and purity of the drugs involved. The decision highlights the importance of adhering to legislative mandates designed to combat drug-related crimes. The final orders of the court confirmed the dismissal of Lorraway's appeal, thereby maintaining the original sentence.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.