Owen v R

Case [2017] NSWCCA 54


Court of Criminal Appeal


Supreme Court


New South Wales

  • Summary available
Medium Neutral Citation: Owen v R [2017] NSWCCA 54
Hearing dates: 16 March 2017
Date of orders: 31 March 2017
Decision date: 31 March 2017
Before: Hoeben CJ at CL at [1]
Garling J at [79]
Beech-Jones J at [83]
Decision:

Leave to appeal against sentence granted.
Appeal dismissed.

Catchwords: CRIMINAL LAW – sentence appeal – one charge of supply a firearm to an unauthorised person – two charges of supply a commercial quantity of a prohibited drug – other offences on a Form 1 – comprehensive analysis by sentencing judge of extent of planning, role, financial gain, motivation, quantity and purity of prohibited drug – applicant did not give evidence in sentence proceedings – subjective history provided by psychologist – whether sentence imposed was manifestly excessive – all relevant sentencing issues considered by sentencing judge – criminality of offending substantial – limited value of statistics – sentence stern but not excessive – leave to appeal against sentence granted but appeal dismissed.
Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) – s 33
Drug Misuse and Trafficking Act 1985 (NSW) – s 25(2)
Firearms Act 1996 (NSW) – s 51(1)(a)
Cases Cited: Bugmy v The Queen [2013] HCA 37; 249 CLR 571
Cahyadi v Regina [2007] NSWCCA 1; 168 A Crim R 41
Hili v the Queen; Jones v The Queen [2010] HCA 45; 242 CLR 520
Kemp v R [2014] NSWCCA 153
Lowe v R [2015] NSWCCA 46
Muldrock v The Queen [2011] HCA 39; 244 CLR 120
Munda v Western Australia [2013] HCA 38; 249 CLR 600
R v Nai Poon [2003] NSWCCA 42; 56 NSWLR 284
R v Parkinson [2010] NSWCCA 89
Ryan v R [2009] NSWCCA 183
Sant v R [2014] NSWCCA 261
Category:Principal judgment
Parties: Paul Owen – Applicant
Regina – Respondent Crown
Representation:

Counsel:
G Jones – Applicant
N L Williams – Respondent Crown

  Solicitors:
Legal Aid NSW – Applicant
Solicitor for Public Prosecutions – Respondent Crown
File Number(s): 2014/231771
 Decision under appeal 
Court or tribunal:
District Court of NSW
Jurisdiction:
Criminal
Date of Decision:
1 February 2016
Before:
Woodburne SC DCJ
File Number(s):
2014/231771

Judgment

  1. HOEBEN CJ at CL:

Offences and sentence

On 2 October 2015 the applicant entered pleas of guilty in relation to the following offences:

One charge of supply a firearm to a person unauthorised to possess it, contrary to s 51(1)(a) of the Firearms Act 1996 (NSW) ("the firearms offence") for which the maximum penalty was imprisonment for 5 years.

Two charges of supply a prohibited drug being not less than the commercial quantity contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW) ("the supply prohibited drug offences"), for which the maximum penalty was imprisonment for 20 years and/or a fine of $385,000 with a standard non-parole period of 10 years.

  1. On 1 February 2016, the applicant appeared before Woodburne SC DCJ for sentence. The…

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Owen v R [2017] NSWCCA 54
Case
[2017] NSWCCA 54
Decision Date

CaseChat Overview and Summary

In the case of Owen v R, the appellant sought to appeal the sentence imposed by the sentencing judge for various drug-related and firearm offences. The appellant was found guilty of supplying a firearm to an unauthorised person, supplying a commercial quantity of a prohibited drug on two occasions, and other related charges. The appeal was heard by the court, which was tasked with determining whether the sentence imposed was manifestly excessive.

The primary legal issue before the court was whether the sentence imposed was manifestly excessive, considering the comprehensive analysis by the sentencing judge of the extent of planning, role, financial gain, motivation, quantity, and purity of the prohibited drug. The appellant did not provide evidence in the sentence proceedings and relied on a subjective history provided by a psychologist. The court was required to consider all relevant sentencing issues and assess the criminality of the offending, while also considering the limited value of statistics.

The court found that all relevant sentencing issues had been considered by the sentencing judge, and the criminality of the offending was substantial. The court emphasised the importance of the sentencing judge's analysis of the various factors involved in the case. While the sentence was stern, the court concluded that it was not excessive. Consequently, the leave to appeal against the sentence was granted, but the appeal was ultimately dismissed. The court's decision underscores the importance of a comprehensive analysis of the relevant factors in sentencing matters and the limited value of statistics in assessing the criminality of offending.

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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