Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Semple v R [2019] NSWCCA 40 Hearing dates: 20 February 2019 Decision date: 01 March 2019 Before: Hoeben CJ at CL at [1];
Price J at [52];
Adamson J at [53]Decision: (1) Leave to appeal is granted.
(2) The appeal is dismissed.Catchwords: CRIMINAL LAW – sentence appeal – two counts of supplying a prohibited drug – sentence of imprisonment of 4 years with a non-parole period of 2 years – whether sentence manifestly excessive – whether applicant denied procedural fairness – appeal dismissed. Legislation Cited: Crimes Act 1900 (NSW) – ss 112(1), 319
Criminal Appeal Act 1912 (NSW) – s 5(1)
Drug Misuse and Trafficking Act 1985 (NSW) – ss 10(1), 25(1)Cases Cited: Bland v R [2014] NSWCCA 82
Dinsdale v The Queen [2000] HCA 54; 202 CLR 321
Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194
DL v The Queen [2018] HCA 32; 92 ALJR 764
Markarian v The Queen [2005] HCA 25; 228 CLR 357
R v Engert (1995) 84 A Crim R 67
R v Robert Borkowski [2009] NSWCCA 102
R v Tucakavoic (District Court (NSW), Williams SC DCJ, 25 January 2017, unrep)
Upadhyaya v R [2017] NSWCCA 162
Zhao v R [2016] NSWCCA 179Category: Principal judgment Parties: Robert Lachlan Semple – Applicant
Regina – Respondent CrownRepresentation: Counsel:
Solicitors:
Applicant in person
H Roberts – Respondent Crown
Applicant in Person
Solicitor for Public Prosecutions – Respondent Crown
File Number(s): 2016/327482 Decision under appeal
- Court or tribunal:
- District Court of NSW
- Jurisdiction:
- Criminal
- Date of Decision:
- 16 March 2018
- Before:
- McClintock SC DCJ
- File Number(s):
- 2016/327482
JUDGMENT
-
HOEBEN CJ at CL:
Offences and sentence
The applicant, who is self-represented in these proceedings, seeks leave pursuant to s 5(1)(c) of the Criminal Appeal Act 1912 (NSW) to appeal against an aggregate sentence imposed upon him by his Honour Judge McClintock SC at Sydney District Court on 16 March 2018.
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On 28 November 2017 the applicant pleaded guilty to two offences of supplying a prohibited drug contrary to s 25(1) of the Drug Misuse and Trafficking Act 1985 (NSW) (DMTA). The applicant also asked the court to take into account when sentencing him for the second offence a further offence of supplying a prohibited drug (contrary to s 25(1) DMTA) and an offence of possessing a prohibited drug (contrary to s 10(1) DMTA) (the Form 1 matters).
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The two supply offences on the indictment related to 6.0g of methylamphetamine with a purity of 79 per cent and a value of $1,250 – $3,600 (Count 1) and 367.3g of 1,4-butanediol (Count 2). The Form 1 supply matter related to 77.2g of 1,4-butanediol with a value of $330 – $530 and the Form 1 possession matter related to 1.6g of ketamine with a value of $100 – $200.
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The sentence proceedings were heard on 13 and 16 March 2018. On 16 March 2018 the sentencing judge imposed an…
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- AGLC
- Semple v The Queen [2019] NSWCCA 40
- Case
- [2019] NSWCCA 40
- Decision Date
CaseChat Overview and Summary
The court considered the principles of sentencing in Australia, including the need for sentences to reflect both the culpability of the offender and the need for general deterrence. The court examined the sentencing remarks of the trial judge and concluded that the judge had indeed considered the relevant mitigating factors, albeit not in detail. The court found that the sentence imposed was within the range of reasonable sentences that could be imposed for the offence, and that there was no manifest excess in the sentence. Furthermore, the court held that the applicant had not been denied procedural fairness, as the trial judge had considered all relevant factors in determining the sentence.
Accordingly, the court dismissed the appeal. The High Court found that the sentence imposed was not manifestly excessive and that the applicant had not been denied procedural fairness during the sentencing process. The original sentence of imprisonment for a period of four years with a non-parole period of two years was upheld.
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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