Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Matthew Soames v Regina [2014] NSWCCA 158 Hearing dates: 26 June 2014 Decision date: 15 August 2014 Before: Hoeben CJ at CL at [1]
Rothman J at [2]
Beech-Jones J at [76]Decision: 1. Leave to appeal granted;
2. Appeal dismissed.
Catchwords: CRIMINAL LAW - appeal - sentence - whether trial judge erred in not giving effect to findings of special circumstances - principle of totality - manifest excess and parity - principles discussed - appeal dismissed Legislation Cited: Crimes (Sentencing and Procedure) Act 1999
Drug (Misuse and Trafficking) Act 1985Cases Cited: Dinsdale v R [2000] HCA 54; (2000) 202 CLR 321
Green v R; Quinn v R [2011] HCA 49; (2011) 244 CLR 462
House v R [1936] HCA 40; (1936) 55 CLR 499
Jimmy v R (2010) 77 NSWLR 540
Johnson v R [2004] HCA 15; (2004) 78 ALJR 616
Markarian v R [2005] HCA 25; (2005) 228 CLR 357
Mill v R [1988] 166 CLR 59
Pearce v R [1998] HCA 57; (1998) 194 CLR 610
R v Cramp [2004] NSWCCA 264
R v El-Hayek [2004] NSWCCA 25; (2004) 144 A Crim R 90
Sinkovich v Regina [2011] NSWCCA 90
Veen v R (No 2) [1988] HCA 14; (1988) 164 CLR 465
Wong v R [2001] HCA 64; (2001) 207 CLR 584Category: Principal judgment Parties: Matthew Soames (Applicant)
Regina (Respondent Crown)Representation: Counsel:
A. Bellanto QC/D. Accoto (Applicant)
V. Lydiard (Respondent Crown)
Solicitors:
Anderson Boemi Lawyers (Applicant)
S. Kavanagh, Solicitor for Public Prosecutions (Respondent Crown)
File Number(s): 2011/191750 & 2011/259436 Publication restriction: None Decision under appeal
- Date of Decision:
- 2013-03-08 00:00:00
- Before:
- English DCJ
- File Number(s):
- 2011/191750 & 2011/259436
Judgment
HOEBEN CJ at CL: I agree with Rothman J.
ROTHMAN J: Matthew Soames, the applicant, applies for leave to appeal against a sentence imposed upon him by the District Court on 8 March 2013. The applicant pleaded guilty to two charges, one for knowingly taking part in the supply of a prohibited drug, contrary to s 25(2) of the Drug (Misuse and Trafficking) Act 1985, and the second being for supply of a prohibited drug, also contrary to s 25(2) of the Drug (Misuse and Trafficking) Act 1985.
For the first offence, the sentencing judge imposed a sentence of 3 years non-parole period, with a further 3 years. For the second offence, her Honour imposed 5 years non-parole period, with a further 4 years. The sentences were accumulated by 12 months, providing for an overall sentence of 6 years non-parole period and a further 4 years for which the applicant is eligible for parole.
Grounds of Appeal
The applicant relied on an initial version of the grounds of appeal (filed 2 October 2013), which grounds of appeal were supplemented at or just prior to the hearing, leave to file same being granted by the Court.
The initial grounds of appeal were:
(1) Her Honour…
Continue reading Matthew Soames v Regina
Sign in free to access the full text
- AGLC
- Matthew Soames v Regina [2014] NSWCCA 158
- Case
- [2014] NSWCCA 158
- Decision Date
CaseChat Overview and Summary
The primary legal issue for the court to decide was whether the trial judge had erred in failing to give sufficient effect to the findings of special circumstances during the sentencing process. The court was also required to determine if the sentence was manifestly excessive, and if the principles of totality and parity were appropriately applied in the sentencing process. The appeal hinged on the interpretation and application of these legal principles in the context of the particular facts and circumstances of the case.
Upon reviewing the matter, the court found that the trial judge had adequately considered the special circumstances and the overall impact on the appellant's culpability and moral blameworthiness. The court held that the sentence imposed was not manifestly excessive, as it was proportionate to the seriousness of the offence and took into account the mitigating factors presented. The appeal court also determined that the principles of totality and parity were appropriately applied, and that the sentence was not disproportionate when compared to similar cases. Consequently, the appeal was dismissed, affirming the trial judge's decision on sentencing.
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
Established by: HOEBEN CJ
Full text does not contain this section.