Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Lowe v R [2013] NSWCCA 141 Hearing dates: 22 April 2013 Decision date: 27 June 2013 Before: Price J at [1]
Davies J at [2]
Barr AJ at [102]Decision: (1) Leave to appeal refused.
(2) Dismiss the appeal by the Crown.
Catchwords: CRIMINAL LAW - drug supply offences - sentence - appeal by offender - contingent Crown appeal - parity with co-offender - whether sentences manifestly excessive - 3 year delay in appealing - whether extension should be granted - where parity ground made out but no alteration to overall sentence - extension of time refused Legislation Cited: Drug Misuse and Trafficking Act 1985
Criminal Appeal Act 1912
Crimes (Sentencing Procedure) Act 1999Cases Cited: Aldous v R [2012] NSWCCA 153
Edwards v R [2009] NSWCCA 199
Etchell v R [2010] NSWCCA 262; (2010) 205 A Crim R 138
Flack v R [2011] NSWCCA 167
Green v The Queen; Quinn v The Queen [2011] HCA 49; (2011) 244 CLR 462
Arnaout v R [2008] NSWCCA 278; (2008) 191 A Crim R 149
Lorraway v R [2010] NSWCCA 46
McCall v R [2010] NSWCCA 174
Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120
Pearce v The Queen [1998] HCA 57; (1998) 194 CLR 610
R v AEM Snr [2002] NSWCCA 58
R v Araya [2005] NSWCCA 283; (2005) 155 A Crim R 555
R v CBK [2002] NSWCCA 457; (2002) 135 A Crim R 260
R v Cheikh; R v Hoete [2004] NSWCCA 448
R v DW [2012] NSWCCA 66
R v Gidaro [2005] NSWCCA 18
R v Knight [2005] NSWCCA 253; (2005) 155 A Crim R 252
R v Lawrence [1980] 1 NSWLR 122
R v Quatami [2001] NSWCCA 353; (2001) 127 A Crim R 369
R v Steele (Court of Criminal Appeal, 17 April 1997, Unreported)
R v Sunderland (1927) 28 SR (NSW) 26
R H McL v R [2000] HCA 46; (2000) 203 CLR 452
Ryan v The Queen (1982) 149 CLR 1
Shortland v R [2013] NSWCCA 4
Sinkovich v R [2011] NSWCCA 90Category: Principal judgment Parties: David Lowe (Applicant)
Crown (Respondent)Representation: Counsel:
H Dhanji SC and J Lee (Applicant)
J Girdham SC (Respondent)
Solicitors:
Katsoolis & Co, Solicitors (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2009/3312 Decision under appeal
- Date of Decision:
- 2009-10-23 00:00:00
- Before:
- Conlon DCJ
- File Number(s):
- 2009/3312
Judgment
PRICE J: I agree with Davies J.
DAVIES J: The Applicant pleaded guilty in the Local Court on 25 February 2009 to the following charges:
CAN Sequence 16: Ongoing supply of prohibited drug (Methylamphetamine);
CAN Sequence 5: Supplying a prohibited drug (443.8g methylamphetamine) being not less than the commercial quantity.
Each of those offences carried a maximum penalty of 20 years imprisonment. The charge of supplying a prohibited drug not less than the commercial quantity had a standard non-parole period of ten years.
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- AGLC
- Lowe v R [2013] NSWCCA 141
- Case
- [2013] NSWCCA 141
- Decision Date
CaseChat Overview and Summary
The court acknowledged that while the sentences imposed on Lowe were indeed severe, they were not manifestly excessive given the nature of the offences. The court held that the principle of parity, which requires sentences to be proportionate to the gravity of the offence and the culpability of the offender, was satisfied. However, the court found that no alteration to the overall sentence was necessary. The appellant's argument regarding the delay in appealing was also considered, but the court found that the delay did not warrant an extension of time for the Crown's appeal. The court ultimately upheld the original sentence and denied the extension of time for the Crown's appeal.
The court's reasoning was grounded in the principle of parity and the severity of the offences committed. It was determined that while the sentences were severe, they were not manifestly excessive, as they reflected the gravity of the drug supply offences. The court further held that the delay in appealing did not justify an extension of time for the Crown's appeal, as the principle of parity had been satisfied. As a result, the sentences remained unchanged, and the Crown's appeal was dismissed.
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