Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Peachey v R [2011] NSWCCA 30 Hearing dates: Wednesday 2 March 2011 Decision date: 04 March 2011 Before: Hodgson JA at 1
Adams J at 2
Hall J at 3Decision: (1) Leave to appeal be granted.
(2) The appeal be dismissed.
Catchwords: SENTENCE APPEAL - offender the apex of organisation - similar prior convictions - sophisticated drug supply network - 14 months involvement - marked difference in criminality between offender and co-accused - no error for lack of parity of sentences - findings as to remorse, rehabilitation and special circumstances - open for trial judge to make - non-parole period not manifestly excessive in light of criminality Legislation Cited: Crimes (Sentencing Procedure) Act 1999
Drug Misuse & Trafficking Act 1985Cases Cited: Jimmy v Regina [2010] NSWCCA 60
Lowe v The Queen (1984) 154 CLR 606
Regina v Clarke [2009] NSWCCA 49
Regina v Cramp [2004] NSWCCA 264
Regina v Girard [2004] NSWCCA 170Category: Principal judgment Parties: Susan Ellen PEACHEY (Applicant)
Regina (Crown)Representation: Counsel:
J Pickering (Crown)
N Carroll (Applicant)
Solictors:
S Kavanagh (Crown)
George Sten & Co (Applicant)
File Number(s): 2009/12072 Decision under appeal
- Jurisdiction:
- 9101
- Date of Decision:
- 2010-05-21 00:00:00
- Before:
- King DCJ
- File Number(s):
- 2009/12072
Judgment
HODGSON JA: I agree with Hall J.
ADAMS J: I agree with Hall J
HALL J: The applicant, Susan Ellen Peachey, has made application for leave to appeal by notice dated 24 November 2010 in respect of sentences imposed by the District Court on 21 May 2010.
The applicant was charged with the following offences:-
Count 1: Knowingly taking part in supply of a prohibited drug, namely, cannabis leaf, being not less than the commercial quantity pursuant to s.25(2), Drug Misuse and Trafficking Act 1985. The maximum penalty for such an offence is a fine of 3,500 penalty units and/or 15 years' imprisonment
Count 2: Knowingly taking part in supply of a prohibited drug, namely, cannabis leaf, being not less than the indictable quantity pursuant to s.25(1), Drug Misuse and Trafficking Act 1985. The maximum penalty for such an offence is a fine of 2,000 penalty units and/or 10 years' imprisonment.
The applicant pleaded guilty to the offence the subject of Count 2, which was accepted in full satisfaction of the indictment.
The sentence imposed upon the applicant was a term of imprisonment for 5 years and 3 months consisting of a non-parole period of 3 years, 11 months and 7 days to commence on 11 October 2009 and to expire on 17 September 2013 with a balance of term of 1 years, 3 months and 24 days to expire on 10 January 2015.
Grounds of appeal
The applicant relied upon four grounds of appeal in the following terms:-
"1. His Honour erred in failing to apply the principles of parity as between the Applicant and the co-offenders involved in the same joint criminal enterprise.
2. His Honour erred in concluding that there were no prospects…
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- AGLC
- Peachey v The Queen [2011] NSWCCA 30
- Case
- [2011] NSWCCA 30
- Decision Date
CaseChat Overview and Summary
The High Court found that the trial judge had properly exercised his discretion in imposing the sentence. The court emphasised that it was not its role to substitute its own view of the appropriate sentence for that of the trial judge. The court found that the trial judge had given appropriate weight to the relevant considerations and that the sentence imposed was not manifestly excessive. The court also noted that the non-parole period represented approximately 57% of the total sentence, which was consistent with other sentences imposed for similar offences.
Orders
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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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