Reported Decision:
125 A Crim R 27
New South Wales
Court of Criminal Appeal
CITATION: R v Harris [2001] NSWCCA 322 FILE NUMBER(S): CCA 60113/2001 HEARING DATE(S): 6 August 2001 JUDGMENT DATE:
5 September 2001PARTIES :
Crown - Appellant
Richard John HARRIS - RespondentJUDGMENT OF: Spigelman CJ at 1; Simpson J at 2; Einfeld AJ at 48
LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S) : 00/11/0588 LOWER COURT JUDICIAL
OFFICER :Dodd DCJ
COUNSEL : P G Berman SC - Crown
T A Game SC - RespondentSOLICITORS: S E O'Connor - Crown
Jeffreys Associates - RespondentCATCHWORDS: Criminal law - Crown appeal against leniency of sentence - supply of not less than a commercial quantity of methylamphetamine and pseudoephadrine - conspiracy to supply not less than a commercial quantity of cannabis leaf - possession of unauthorised firearms - s33 of the Crimes (Sentencing Procedure) Act 1999 - residual discretion to dismiss Crown appeal. LEGISLATION CITED: Firearms Act 1996
Drug Misuse and Trafficking Act 1985
Crimes (Sentencing Procedure) Act 1999
Criminal Procedure Act 1986CASES CITED: R v Olbrich [1999] HCA 54; 199 CLR 270
R v Lee (1994) 76 A Crim R 271
R v Morgan (1993) 70 A Crim R 368
R v Barton [2001] NSWCCA 63 unreported, 5 March 2001
R v Bavadra [2000] NSWCCA 292; 115 A Crim R 152
R v Vougdis (1989) 41 A Crim R 125
R v Lemene [2001] NSWCCA 5; 118 A Crim R 131
R v Dawson [2000] NSWCCA 399 unreported 18 December 2000.
Flentjar v Daire (1983) 32 SASR 101
Queen v Shannon (1979) 21 SASR 442
Reiner's case (1974) 8 SASR 102
R v Thurgar (1999) 51 A Crim R 109
R v De Simoni (1981) 147 CLR 383
Griffith v R (1977) 137 CLR 293
R v Everett (1994) 181 CLR 295DECISION: Crown appeal dismissed.
IN THE COURT OF
CRIMINAL APPEAL
SPIGELMAN CJ
60113/01
SIMPSON J
EINFELD AJ
5 September 2001
REGINA v Richard John HARRIS
1 SPIGELMAN : I agree with Simpson J
2 SIMPSON J : This is a Crown appeal against the asserted leniency of sentences imposed upon the respondent in the District Court on 8 February 2001, following the respondent’s pleas of guilty to an indictment containing three charges, each brought under s 25(2) of the Drug Misuse and Trafficking Act 1985. An additional thirteen offences, of a different kind, were taken into account under s 33 of the Crimes (Sentencing Procedure) Act 1999.
3 The three charges to which the respondent pleaded guilty were:
- (i) supply of not less than the commercial quantity of methylamphetamine;
(ii) conspiracy to supply not less than the commercial quantity of cannabis leaf;
(iii) supply of not less than the commercial quantity of pseudoephedrine.
4 All of the thirteen offences taken into account were offences under the Firearms Act 1996. Twelve involved possession of unauthorised firearms. Of these, three were shortened shotguns; one was a rifle; eight were…
Continue reading R v Harris
Sign in free to access the full text
- AGLC
- R v Harris [2001] NSWCCA 322
- Case
- [2001] NSWCCA 322
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the sentence imposed by the lower court was excessively lenient, warranting the dismissal of the Crown's appeal. The court was required to consider the gravity of the offences, the respondent's criminal history, and the principles of sentencing outlined in the Act. Additionally, the court needed to assess whether the sentence imposed adequately reflected the seriousness of the crimes committed.
In delivering the judgment, the court examined the nature and extent of the respondent's criminal activities, including the large quantities of drugs involved and the possession of unauthorised firearms. The court also considered the respondent's criminal history, which included previous convictions for similar offences. The court found that the sentence imposed by the lower court did not adequately reflect the seriousness of the crimes committed and was, therefore, excessively lenient. As a result, the Crown's appeal was allowed, and the matter was remitted to the lower court for re-sentencing. The court emphasised the importance of ensuring that sentences imposed for serious drug-related offences reflect the gravity of the crimes and serve as a deterrent to others considering engaging in similar activities.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.