Court of Criminal Appeal
Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Matu v R [2019] NSWCCA 23 Hearing dates: 17 October 2018 Date of orders: 15 February 2019 Decision date: 15 February 2019 Before: Bathurst CJ at [1];
Hoeben CJ at CL at [2];
Price J at [3]Decision: (1) Leave to appeal granted.
(2) Appeal allowed.
(3) The aggregate sentence passed in the District Court is confirmed, but is directed to commence on 25 May 2016. Accordingly, that sentence will comprise a non-parole period of 4 years 6 months, commencing on 25 May 2016 and expiring on 24 November 2020, and a balance term of 2 years 6 months, commencing on 25 November 2020 and expiring on 24 May 2023.Catchwords: CRIME – appeal against sentence – supply of 3,4 methylenedioxymethamphetamine in not less than a large commercial quantity – supply of cocaine in not less than an indictable quantity – aggravating and mitigating factors – generic statement of principle – whether aggravation regarding financial reward taken into account – whether aggravation regarding a series of criminal acts taken into account – whether as a whole reasons are proper and adequate
CRIME – appeal against sentence – arithmetical error – commencement date of sentenceLegislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A
Drug Misuse and Trafficking Act 1986 (NSW), s 25Cases Cited: Assam v R [2019] NSWCCA 12
DBW v R [2007] NSWCCA 236
Hudson v R [2016] NSWCCA 278
Kassoua v R [2017] NSWCCA 307
Lee v R [2016] NSWCCA 146
Lehn v R (2016) 93 NSWLR 205; [2016] NSWCCA 255
R v Mills [2005] NSWCCA 175; (2005) 154 A Crim R 40
Wat v R [2017] NSWCCA 62Category: Principal judgment Parties: Lopeti Joshua Matu (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
J Paingakulam (Applicant)
B Hatfield (Respondent)
Swifte Law (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2016/161072 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- District Court
- Jurisdiction:
- Criminal
- Date of Decision:
- 17 November 2017
- Before:
- King SC DCJ
- File Number(s):
- 2016/161072
Judgment
-
BATHURST CJ: I agree with the orders proposed by Price J and with his Honour’s reasons.
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HOEBEN CJ AT CL: I agree with Price J and the orders which he proposes.
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PRICE J: Lopeti Joshua Matu (“Matu”) pleaded guilty in the Local Court to the following offences:
Count 1: between the 4th day of March 2016 and the 6th day of April 2016 did supply a large commercial quantity of a prohibited drug, namely 2.417 kilograms of 3,4 methylenedioxymethamphetamine (“MDMA”) contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW) (“the DMTA”). The maximum penalty for this offence is life imprisonment and/or 5,000 penalty units. A standard non-parole period of 15 years has been prescribed.
Count 2: between the 21st day of March 2016 and the 7th day of April 2016 did supply 115.38 grams of cocaine, contrary to s 25(1) of the DMTA. This was more than the…
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- AGLC
- Matu v The Queen [2019] NSWCCA 23
- Case
- [2019] NSWCCA 23
- Decision Date
CaseChat Overview and Summary
The primary legal issues were whether the trial judge had adequately considered the aggravating and mitigating factors in arriving at the sentence, and if the sentence imposed was appropriate. Specifically, the appeal questioned whether the trial judge had properly accounted for the financial reward derived from the criminal activity and the series of criminal acts as aggravating factors. Furthermore, the appellant argued that there was an error in the calculation of the commencement date of the sentence, which affected the total length of the custodial term.
The court found that while the trial judge had considered the relevant aggravating and mitigating factors, the sentencing reasons were not sufficiently detailed to demonstrate that all relevant factors had been taken into account. The court noted that the financial reward derived from the criminal activity was an appropriate aggravating factor, but the trial judge had not sufficiently articulated how this factor influenced the sentence. Regarding the series of criminal acts, the court determined that the trial judge had not adequately explained the impact of this factor on the sentencing decision. The court also identified an arithmetical error in the calculation of the commencement date of the sentence, which resulted in an incorrect total custodial term. The court ordered a correction to the sentence to reflect the proper commencement date.
The court allowed the appeal in part, set aside the sentence, and remitted the matter to the trial court for resentencing. The trial court was directed to provide more detailed reasons for the sentence, ensuring that all relevant aggravating and mitigating factors, including the financial reward and series of criminal acts, were properly considered. Additionally, the court ordered that the sentence commence on the correct date as determined by the corrected arithmetical calculation.
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
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