Pannowitz v R

Case [2016] NSWCCA 13


Court of Criminal Appeal


Supreme Court


New South Wales

  • Summary available
Medium Neutral Citation: Pannowitz v R [2016] NSWCCA 13
Hearing dates:1 February 2016
Decision date: 15 February 2016
Before: Hoeben CJ at CL at [1]
Davies J at [2]
Beech-Jones J at [62]
Decision:

(1)   Leave to appeal granted.
(2)   Appeal dismissed.

Catchwords: CRIMINAL LAW – sentencing – totality principle – accumulation and concurrency – two offences of drug supply – second offence committed whilst applicant on bail for first offence – three prior offences of drug supply – whether appropriate regard was had to the totality principle when accumulating sentence for second offence – whether sentences manifestly excessive – use of other cases said to be comparable
Cases Cited: Bugmy v The Queen [2013] HCA 37; (2012) 249 CLR 571
Dang v R [2014] NSWCCA 47
House v The King (1936) 55 CLR 499
Huynh v R [2008] NSWCCA 216
Khawaja v R [2014] NSWCCA 80
Pearce v The Queen (1998) 194 CLR 610
Pham v R [2014] NSWCCA 1115
R v Hammoud [2000] NSWCCA 540; (2000) 118 A Crim R 66
R v Harris [2007] NSWCCA 130; (2007) 171 A Crim R 267
R v Roby [2003] NSWCCA 243
Regina v XX [2009] NSWCCA 115
Stanton v R [2008] NSWCCA 326
Vandeventer v R [2013] NSWCCA 33
Wicks v R [2012] NSWCCA 208
Category:Principal judgment
Parties: Brendon Pannowitz (Applicant)
Crown (Respondent)
Representation:

Counsel:
W Hunt (Applicant)
E Balodis (Crown)

  Solicitors:
Legal Aid NSW (Applicant)
Solicitor for Public Prosecutions (Crown)
File Number(s):2013/364475
 Decision under appeal 
Court or tribunal:
District Court of NSW
Jurisdiction:
Criminal
Date of Decision:
23 January 2015
Before:
McLoughlin DCJ
File Number(s):
2013/364475

Judgment

  1. Hoeben CJ at CL:   I agree with Davies J.

  2. Davies J:   The Applicant pleaded guilty in the District Court on indictment to one count of supply a prohibited drug namely 62.62 grams of methylamphetamine. The Applicant also pleaded guilty before the Local Court to a further count of supplying a prohibited drug, namely 40.05 grams of methylamphetamine. He was committed to the District Court for sentence. The maximum penalty for each offence is 15 years imprisonment.

  3. In relation to each matter the Applicant asked that a number of matters on a Form 1 be taken into account. Those matters were three counts of deal with suspected proceeds of crime, one count of possessing a prohibited drug being methylamphetamine, and one count of possessing a prohibited weapon being a Taser. The three counts of dealing with suspected proceeds of crime concerned (1) $6,600 in Australian currency (attached to Count 1), (2) $7,000 in Australian currency (attached to Count 2), and (3) concerned various goods including laptops and a medal/coin collection (attached to Count 2). The counts of possessing a prohibited drug and a prohibited weapon were attached to Count 2.

  4. On 23 January 2015 Judge McLoughlin sentenced the Applicant as follows:

On count 1, a fixed term of four years and six months imprisonment…

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AGLC
Pannowitz v R [2016] NSWCCA 13
Case
[2016] NSWCCA 13
Decision Date

CaseChat Overview and Summary

The case of Pannowitz v R involved the appellant, who was convicted of two separate offences of drug supply. The second offence was committed while the appellant was on bail for the first offence. The appellant had three prior convictions for drug supply. The primary legal issues before the court were whether the totality principle was appropriately considered when determining the sentence for the second offence and whether the sentences imposed were manifestly excessive. The court was also asked to consider if the sentences were comparable to those in other cases.

The court examined the principles of sentencing, particularly the totality principle, which requires that the cumulative sentence for all offences should not be excessive. The court considered the nature and seriousness of the offences, the appellant's criminal history, and the principle of accumulation and concurrency. The court emphasised that when sentencing for multiple offences, the total punishment must be proportionate and take into account the nature of the offending and the offender. The court held that while the appellant's criminal history was significant, the sentences must still be proportionate to the individual offences and the totality of offending.

In reaching its decision, the court carefully weighed the factors involved in sentencing. It found that the trial judge had appropriately considered the totality principle and had not imposed a manifestly excessive sentence. The court noted that the sentences for the two drug supply offences were within the range of sentences typically imposed for such offences, and that the cumulative sentence, when viewed in light of the totality principle, was not disproportionate. The court also compared the sentences to those in similar cases and found that the sentences were consistent with those imposed in comparable circumstances.

The final orders of the court were to dismiss the appeal against conviction and sentence, affirming the trial judge's decision. The court confirmed that the sentences imposed were appropriate and did not breach the totality principle. The court held that the cumulative sentence for the two drug supply offences, when considering the appellant's criminal history and the nature of the offending, was proportionate and did not constitute an excessive punishment.

Orders

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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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