Regina v Keith Brown

Case [2001] NSWCCA 367


CITATION: Regina v Keith Brown [2001] NSWCCA 367 revised - 21/09/2001
FILE NUMBER(S): CCA 60651/00
HEARING DATE(S): 12 September 2001
JUDGMENT DATE:
12 September 2001

PARTIES :


Regina
Keith Brown
JUDGMENT OF: Sully J at 1; Carruthers AJ at 20
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S) : 00/31/0149
LOWER COURT JUDICIAL
OFFICER :
English DCJ
COUNSEL : D. Woodburne - Crown
R. Burgess - Appellant
SOLICITORS: S. E. O'Connor - Crown
Legal Aid Commission of NSW - Appellant
CASES CITED:
R v Deeble (unreported) CCA 19/9/91
DECISION: Leave to appeal granted; appeal upheld; sentences imposed in Court below quashed - in lieu: on count 1 a sentence of imprisonment for 4 years commencing on a day 7 weeks prior to 1st September 2000. Non parole period of 2 years to commence on that same day.


IN THE COURT OF
CRIMINAL APPEAL

60651/00

SULLY J
CARRUTHERS AJ


Regina v Keith Brown
JUDGMENT

1 SULLY J: The Court is in a position to deal with this matter.

2 The present applicant, Mr Brown, seeks leave to appeal against the asserted severity of sentences passed upon him by her Honour Judge English sitting in the District Court at Newcastle on 29 September 2000.

3 Mr Brown had pleaded guilty before her Honour to two counts, each of which charged him with the supply of a prohibited drug, namely, methylamphetamine. The supply was a deemed supply; and each of the two offences thus charged exposed Mr Brown upon conviction to a statutory maximum penalty of, relevantly, imprisonment for 15 years.

4 Mr Brown asked her Honour to take into account, - and her Honour did take into account, - two further matters that were placed before her Honour upon a Form 1.

5 The first of those matters involved an incident on 2 February 2000, when the offender was stopped by police at a time when he was driving a particular motor vehicle; and a quantity of cannabis weighing 4.72 grams was located in a bag in the back of the vehicle. The applicant denied all knowledge of the cannabis when originally spoken to about it by the police, but, as I have said, he asked eventually that it be taken into account in connection with his sentencing in the District Court.

6 The second of the scheduled matters concerned an incident on 27 October 1999, on which occasion the applicant was stopped as he left certain licensed premises in Hamilton. He was found to be carrying on his person a container, which itself contained three separate plastic bags, each of which contained a white powdered substance. The applicant admitted that the substance was in fact amphetamine. The total weight involved was 6.1 grams.

7 I think that it is a fair inference that her Honour regarded those two matters as explicable, although of course not excusable, by reference to what was undoubtedly an amphetamine addiction from which Mr Brown was then suffering.

8 In connection with the two indicted…

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Regina v Keith Brown [2001] NSWCCA 367
Case
[2001] NSWCCA 367
Decision Date

CaseChat Overview and Summary

Regina sought leave to appeal against the severity of the sentences passed on Keith Brown by the District Court. Brown pleaded guilty to two counts of supplying methylamphetamine, with each charge carrying a maximum penalty of 15 years imprisonment. The District Court judge sentenced Brown to four years for the first count and five years for the second count, with non-parole periods of two years and three years respectively. The Court of Criminal Appeal considered the appeal, focusing on whether the sentences were manifestly excessive and whether there was any error of law.

The Court of Criminal Appeal examined the arguments presented by the Crown, who contended that the sentences were too severe given the quantity of the drugs, the mid-range nature of the drugs, Brown's cooperation with the police, his guilty plea, and his comparatively strong subjective case. The Court found that there was no identifiable error of law in the District Court's sentencing remarks. However, the Court was concerned that the sentences might have fallen outside the upper end of the permissible range, considering the evidence of Brown's significant steps towards rehabilitation during his pre-sentence custody.

After considering the evidence and the relevant criminal statistics, the Court concluded that the sentences imposed were heavy and warranted adjustment. The Court granted leave to appeal, upheld the appeal, and quashed the sentences imposed in the lower court. In their place, the Court imposed a sentence of imprisonment for four years for each count, commencing seven weeks prior to the original sentence date, with a non-parole period of two years for each count. The sentences were to be served concurrently.

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Background

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