Court of Criminal Appeal
New South Wales
Case Title: R v Holland Medium Neutral Citation: [2011] NSWCCA 65 Hearing Date(s): 11 February 2011 Decision Date: 05 April 2011 Jurisdiction: Before: McClellan CJ at [1]
Buddin J at [15]
Schmidt J at [16]Decision: Appeal dismissed
Catchwords: CRIMINAL LAW - appeal against sentence - whether discount given for assistance was too high - whether sentence was manifestly inadequate in regard to seriousness of offence, role of offender and comparable sentences - importation of a commercial quantity of a border controlled drug, cocaine - sentence not found to be manifestly inadequate - appeal dismissed
Legislation Cited: Crimes Act 1914 (Cth)
Criminal Code 1995 (Cth)Cases Cited: Boney v The Queen [2008] NSWCCA 165; (2008) 187 A Crim R 167
Diefenbach v R [1999] WASCA 4; (1999) 108 A Crim R 19
Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; (2010) FLR 28
Hili v The Queen; Jones v The Queen [2010] HCA 45; (2010) 272 ALR 465
Lowndes v The Queen [1999] HCA 29; (1999) 195 CLR 665
Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357
R v Anderson [2004] NSWCCA 317
R v Bimahendali [1999] NSWCCA 409; (1999) 109 A Crim R 355
R (Cth) v Cheung; R (Cth) v Choi [2010] NSWCCA 244
R v Labanon; ex parte Cth DPP [2006] QCA 529
R v Laurentiu (1992) 63 A Crim R 402;
R v LP [2010] NSWCCA 154
R v Olbrich [1999] HCA 54; (1999) 199 CLR 270
R v Sukkar [2006] NSWCCA 92; (2006) 172 A Crim R 151
Regina v Danson [2005] NSWCCA 343
Regina v Otto [2005] NSWCCA 333; (2005) A Crim R 525
SZ v R [2007] NSWCCA 19; (2007) 168 A Crim R 249
Wong v The Queen; Leung v The Queen [2001] HCA 64; (2001) 207 CLR 584Texts Cited: Category: Principal judgment Parties: Regina (Appellant)
James Gordon Holland (Respondent)Representation - Solicitors: Solicitors:
Commonwealth Director of Public Prosecutions (Crown)
Legal Aid NSW (Respondent)- Counsel: Counsel:
Mr P McGrath (Appellant)
Ms A Francis (Respondent)File number(s): CCA 2009/145833 Decision Under Appeal - Court / Tribunal: - Before: Flannery J - Date of Decision: 30 July 2010 - Citation: - Court File Number(s) 2009/500145833 Publication Restriction:
Judgment
McCLELLAN CJ AT CL : I agree with the orders proposed by Schmidt J.
Although the sentence imposed by the sentencing judge was at the lower limit of any appropriate sentence I am not persuaded that it was manifestly inadequate.
Much of the argument in the appeal focused upon the "Categories of offence" which I developed in the course of my reasons in Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; (2010) 243 FLR 28. Some of my remarks may have been misunderstood. When preparing my reasons in De La Rosa it became increasingly apparent that there were many significant decisions with…
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- AGLC
- R v Holland [2011] NSWCCA 65
- Case
- [2011] NSWCCA 65
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the trial judge erred in applying a significant discount for the appellant's assistance, and whether the final sentence was manifestly inadequate. The court needed to weigh the factors relevant to sentencing, including the extent of the appellant's cooperation, against the gravity of the offence and the need to deter such conduct. Additionally, the court had to consider whether the sentence imposed was commensurate with sentences in comparable cases.
The court found that the trial judge did not err in giving a discount for the appellant's assistance, which was deemed appropriate given his level of cooperation. The court also determined that the sentence was not manifestly inadequate, considering the totality of the circumstances, including the appellant's role and the deterrent effect of the sentence. The appeal was ultimately dismissed as the court was satisfied that the sentence reflected the seriousness of the offence and was in line with sentences for similar conduct.
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: CLELLAN CJ
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