NEW SOUTH WALES COURT OF CRIMINAL APPEAL
CITATION: R v Handley [2001] NSWCCA 311 revised - 13/09/2001
FILE NUMBER(S):
60018/01
HEARING DATE(S): 15 August 2001
JUDGMENT DATE: 15/08/2001
PARTIES:
Regina
Brendan Handley
JUDGMENT OF: Wood CJ at CL Sperling J
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 00/21/1147
LOWER COURT JUDICIAL OFFICER: Bellear DCJ
COUNSEL:
In Person
W G Dawe QC
SOLICITORS:
S E O'Connor
CATCHWORDS:
CRIMINAL LAW - appeals - appeal against sentence - one count supply prohibited drug on an ongoing basis - whether sentence manifestly excessive - appellant submitted drugs were for personal use only - earlier admissions of dealing - no basis to submission - whether sentence was one occasioning undue hardship to appellant's family - it is only in circumstances of exceptional hardship to an appellant's family that the court will take into account hardship in mitigatio of sentence - submission not made good
LEGISLATION CITED:
DECISION:
Leave to appeal granted
Appeal dismissed
JUDGMENT:
- 4 -
IN THE COURT OF
CRIMINAL APPEALNo. 60018/01
WOOD CJ AT CL
SPERLING JWEDNESDAY 15 AUGUST 2001
REGINA v BRENDAN MICHAEL HANDLEY
JUDGMENT
WOOD CJ at CL: This is an application for leave to appeal against a sentence of imprisonment of three years and one month, with a non parole period of eighteen months, imposed by Bellear DCJ in the District Court following the applicant’s plea of guilty to one count of supply a prohibited drug on an ongoing basis.
The maximum available sentence for such an offence, which is regarded as a particularly serious offence, is imprisonment for twenty years (see s25A Drug Misuse and Trafficking Act 1985).
The applicant was arrested following execution of a search warrant at his home on 29 April 1999. During the search, which was made that day, two bags containing amphetamines were found along with various accoutrements of the drug trade, including a number of resealable plastic bags, a set of electronic scales, a number of syringes, a diary containing names and details of amounts paid or payable and some “tick” list. By that latter expression I understand the documents to refer to drugs supplied “on tick” for which payment was to be supplied at some later date.
When interviewed, the applicant freely admitted that he had been selling amphetamine from the home and around the Blacktown area for approximately eighteen months, earning somewhere between $200 and $400 per week, after subtracting from his sales such amphetamines as he needed for his own use. He agreed that $100 in bank notes found in the premises represented the proceeds of a sale of three half weights made earlier that day.
The amphetamine which he sold, he acknowledged, had been purchased by him in two gram lots and cut with glucose. He also acknowledged that he had ten to twelve regular customers. His own use of amphetamines was accepted as having been significant and that he was in the habit of injecting speed three to four times per day.
Additionally,…
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- AGLC
- R v Handley [2001] NSWCCA 311
- Case
- [2001] NSWCCA 311
- Decision Date
CaseChat Overview and Summary
The court needed to determine whether the sentence was manifestly excessive and if the appellant's family would experience undue hardship as a result. The court also needed to assess the credibility of the appellant's claim that the drugs were for personal use only, despite previous admissions of dealing.
The court found that the appellant's submissions about the sentence being manifestly excessive were not substantiated. The appellant had previously admitted to dealing drugs, which undermined his claim that the drugs were for personal use only. Furthermore, the court held that it would only consider the hardship to the appellant's family in exceptional circumstances, and the appellant had not demonstrated such exceptional hardship. The court rejected the appeal and upheld the original sentence. The court did not make any specific orders regarding the sentence.
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
Established by: WOOD CJ
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