Reported Decision:
143 A Crim R 118
New South Wales
Court of Criminal Appeal
CITATION: R v Patison [2003] NSWCCA 171 HEARING DATE(S): 5 May 2003 JUDGMENT DATE:
15 July 2003JUDGMENT OF: Giles JA at 1; Bell J at 66; Carruthers AJ at 67 DECISION: Appeal dismissed. LEGISLATION CITED: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Criminal Appeal Act 1912
Drug Misuse and Trafficking Act 1985
Police Service Act 1900CASES CITED: Dinsdale v The Queen (2000) 202 CLR 321
King (1985) 82 Cr App R
Mill v The Queen (1988) 166 CLR 59
Pearce v The Queen (1998) 194 CLR 610
R v AEM [2002] NSWCCA 58
R v Barton (2001) 121 A Crim R 185
R v Hammoud (2000) 118 A Crim R 66
R v Hilder (CCA, 13 May 1993, unreported)
R v Irwin [1999] NSWCA 361
R v Kear (1978) 2 CLJ 42
R v Nomchong (CCA, 10 April 1997, unreported)
R v Pangallo (1991) 56 A Crim R 441
R v Thomson; R v Houlton (2000) 49 NSWLR 383
Winchester v The Queen (1992) 58 A Crim R 345PARTIES :
R v David Phillip Patison FILE NUMBER(S): CCA 60512/02 COUNSEL: P G Ingram - Crown
S J Odgers SC - RespondentSOLICITORS: S E O'Connor - Crown
Oates & Smith - Respondent
LOWER COURTJURISDICTION: Supreme Court LOWER COURT FILE NUMBER(S): SC 70086/02 LOWER COURT
JUDICIAL OFFICER :Dunford J
CCA 60512/02
SC 70086/02Tuesday 15 July 2003GILES JA
BELL J
CARRUTHERS AJ
1 GILES JA: This is an appeal by the Director of Public Prosecutions, pursuant to s 5D of the Criminal Appeal Act 1912, against sentences pronounced by Dunford J upon David Phillip Patison, on the ground that the sentences are manifestly inadequate.
The offences
2 On 10 December 2002 the respondent pleaded guilty to an indictment containing ten counts. They were as follows.
Count 1 : On 11 May 2000 at Manly in the State of New South Wales, during the execution of a search warrant, did fail to seize all of the prohibited drugs located during the execution of the search warrant, with intent to pervert the course of justice.
This was an offence contrary to s 319 of the Crimes Act 1900. The maximum penalty was imprisonment for a term of fourteen years.
Count 2 : On 18 May 2000 at Belrose in the State of New South Wales, being a member of the New South Wales Police Service, did solicit a bribe namely $10,000 from Darren Fede.
This was an offence contrary to s 200(1) of the Police Service Act 1900. The maximum penalty was imprisonment for a term of seven years or a fine of $22,000 or both.
Count 3 : On 23 May 2000 at Manly in the State of New South Wales, during the execution of a search warrant, did fail to seize all of the prohibited drugs located during the execution of the search warrant, with…
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- R v Patison [2003] NSWCCA 171
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- [2003] NSWCCA 171
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