Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Prince v R [2020] NSWCCA 110 Hearing dates: 17 April 2020 Date of orders: 04 June 2020 Decision date: 04 June 2020 Before: Bell P at [1]
Davies J at [2]
Button J at [100]Decision: (1) Leave to appeal granted.
(2) Appeal dismissed.Catchwords: CRIME – appeal – sentencing - drug offences - supply prohibited drug on ongoing basis – further count of ongoing supply on Form 1 – second count of knowingly direct activities of a criminal group – offences of supply prohibited drug and knowingly deal with proceeds of crime on second Form 1
SENTENCING - appeal - whether sentencing judge found ongoing supply offence was aggravated by being committed for financial reward - whether judge erred in determination of objective seriousness – whether sentencing judge took into account positive features of applicant’s subjective circumstances - whether judge failed to deal in substance with question of likelihood of reoffending and rehabilitation – relationship between rehabilitation and likelihood of reoffending - issue of parity with co-offender – where co-offender’s lower sentence reduced further after earlier appeal – where co-offender found to have minimal role in the drug supply – where co-offender charged only with drug supply – no justifiable sense of grievance - whether aggregate sentence manifestly excessive – reliance on statistics – where each ongoing supply offence exceeded the minimum number of supplies to constitute the offences - generous reduction of the non-parole period by sentencing judge - sentence not manifestly excessiveLegislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) ss21A, 93T
Drugs Misuse and Trafficking Act 1985 (NSW) s 25ACases Cited: Cahyadi v R (2007) 168 A Crim R 41
Hordern v R [2019] NSWCCA 210
Kay v R [2019] NSWCCA 275
Masters v R [2019] NSWCCA 233
Mulato v R [2006] NSWCCA 282
Newman v R [2018] NSWCCA 208
Obeid v R [2017] NSWCCA 221
Skocic v R [2014] NSWCCA 225
Zuffo v R [2017] NSWCCA 187Texts Cited: Nil Category: Principal judgment Parties: Bianca Prince (Applicant)
Crown (Respondent)Representation: Counsel:
Solicitors:
M C Ramage QC (Applicant)
D Patch (Respondent)
Jeffreys Lawyers (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2017/339736 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- District Court of NSW
- Jurisdiction:
- Criminal
- Citation:
- Nil
- Date of Decision:
- 26 April 2019
- Before:
- Delaney ADCJ
- File Number(s):
- 2017/339736
Judgment
-
BELL P: I agree with Davies J.
-
DAVIES J: The applicant pleaded guilty to two charges as follows:
Count 1: Supply prohibited drug on an ongoing basis contrary to s 25A of the Drugs (Misuse and Trafficking) Act 1985 (NSW). The maximum penalty for this offence is 20 years’ imprisonment.
Count 2: Knowingly direct the activities of a criminal group whose activities were organised and ongoing contrary to s 93T(4A) of the Crimes Act 1900 (NSW). The maximum penalty for this offence is 15 years’ imprisonment.
-
There was a Form 1 attached to the first offence containing…
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- AGLC
- Prince v The Queen [2020] NSWCCA 110
- Case
- [2020] NSWCCA 110
- Decision Date
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Orders
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Background
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Evidence
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