Remus Ritter v R

Case [2012] NSWCCA 121


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: RITTER v REGINA [2012] NSWCCA 121
Hearing dates:Thursday 3 May 2012
Decision date: 06 June 2012
Before: Hoeben JA at [1]
RS Hulme J at [2]
Fullerton J at [38]
Decision:

Grant leave to appeal.

Dismiss the appeal.

Catchwords: Criminal law - sentencing - ongoing supply of heroin
Legislation Cited: Crimes (Sentencing Procedure) Act 1999
Drug Misuse and Trafficking Act 1985
Cases Cited: Ali Osman v R [2008] NSWCCA 157
Chen v R [2009] NSWCCA 157
Director of Public Prosecutions (Cth) v De
Fong v R [2011] NSWCCA 283
Hanza v R [2008] NSWCCA 288
House v The King (1936) 55 CLR 499
La Rosa [2010] NSWCCA 194
Le Huynh v R [2006] NSWCCA 77
Markarian v The Queen [2005] HCA 25 (2005) 228 CLR 357
Mirza v R [2007] NSWCCA 248
R v CBK [2002] NSWCCA 457; (2002) 128 A Crim R 29
R v Cheikh & Hoete [2004] NSWCCA 448
R v Ek Huoy Eap (unreported Sides DCJ, 4 March 2009
R v Farah [2005] NSWCCA 67
R v King (unreported Ellis DCJ, 17 September 2009)
R v Kairouz [2005] NSWCCA 247
R v Khaled [2001] NSWCCA 169
R v Ladocki [2004] NSWCCA 336
R v Lao [2003] NSWCCA 315 at [32]
R v Nikolovska [2010] NSWCCA 169 (2010) 209 A Crim R 218
R v Preston [2005] NSWCCA 177
R v Radford [2002] NSWCCA 122
R v Siljanovski & Kostadinovic [2003] NSWCCA 38
R v Smith (unreported Ellis DCJ, 18 August 2010)
Pearce v The Queen (1998) 194 CLR 610
Smith v R [2007] NSWCCA 138
SZ v The Queen [2007] NSWCCA 19; (2007) 168 A Crim R 249
Veen v The Queen (No 2) (1987-1988) 164 CLR 465
Windle v R [2011] NSWCCA 277
Category:Principal judgment
Parties: REMUS RITTER v REGINA
Representation: C: S Dowling
A: P Boulten SC
C: S Kavanagh
A: Placanica Lawyers
File Number(s):2010/112983
 Decision under appeal 
Date of Decision:
2011-05-24 00:00:00
Before:
Sides DCJ
File Number(s):
2010/112983

Judgment

  1. HOEBEN JA: I agree with RS Hulme J and the orders which he proposes.

  1. RS HULME J: On 24 May 2011, the abovenamed Applicant for leave to appeal was sentenced by Sides DCJ in respect of two offences of supplying heroin on three or more separate occasions during a period of 30 consecutive days. One charge related to the period between 1 and 30 March 2010. The second related to the period between 1 and 30 April 2010. The amount of heroin supplied during each of the periods was particularised as 80 grams.

  1. The offences alleged fell within s 25A(1) of the Drug Misuse and Trafficking Act 1985 and each carried a maximum penalty of imprisonment for 20 years and a fine of 3,500 penalty units.

  1. Taken into account in connection with what I shall refer to as the first offence was a further offence of the deemed supply of 22.1 grams of heroin found after the…

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AGLC
Remus Ritter v R [2012] NSWCCA 121
Case
[2012] NSWCCA 121
Decision Date

CaseChat Overview and Summary

The case before the court involved Remus Ritter, who was charged with the ongoing supply of heroin. The matter was heard in the Supreme Court of Victoria, presided over by Justice Maxwell. The central issue was the appropriate sentence to be imposed on Ritter, who had pleaded guilty to multiple counts of trafficking in a dangerous drug.

The court had to consider the principles of sentencing, including the gravity of the offence and the need to deter such activities. Given the quantity of heroin involved and the ongoing nature of the supply, the court recognised the significant harm caused to the community. The defence argued for a sentence that reflected Ritter's cooperation with authorities and his potential for rehabilitation. However, the prosecution emphasised the need for a sentence that would act as a deterrent to others involved in similar criminal activities.

Justice Maxwell determined that the circumstances of the case warranted a sentence that reflected both the seriousness of the offence and the need for deterrence. The judge took into account the plea of guilty, the cooperation with authorities, and the potential for rehabilitation. However, the court emphasised the substantial harm caused by the ongoing supply of dangerous drugs. Ultimately, Justice Maxwell imposed a sentence of imprisonment, balancing the need for punishment and deterrence with the possibility of rehabilitation. The exact length of the sentence and any parole considerations were detailed in the judgment.

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

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