Shipman v The Queen

Case [2016] NSWCCA 83


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Shipman v R [2016] NSWCCA 83
Hearing dates:4 May 2016
Date of orders: 04 May 2016
Decision date: 09 May 2016
Before: Leeming JA at [1];
R A Hulme J at [2];
R S Hulme AJ at [53]
Decision:

Leave to appeal against sentence refused

Catchwords: CRIMINAL LAW – appeal against sentence – drug supply and firearm offences – supply commercial quantity of methamphetamine – no error in assessment of principal offence as in the mid-range of seriousness – criminality of different offences correctly considered discretely – no error in approach to sentencing regarding drug quantities – leave to appeal refused
Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) s 44
Criminal Procedure Act 1986 (NSW) s 166
Drug Misuse and Trafficking Act 1985 (NSW)
Firearms Act 1996 (NSW)
Cases Cited: Mulato v R [2006] NSWCCA 282
R v Henry [1999] NSWCCA 111; 46 NSWLR 346
Category:Principal judgment
Parties: Jason Wayne Shipman (Applicant)
Regina (Respondent)
Representation:

Counsel:
Mr P Segal (Applicant)
Ms M Cinque SC (Crown)

  Solicitors:
Hugo Schleiger Lawyer
Solicitor for Public Prosecutions
File Number(s):2014/106835
 Decision under appeal 
Court or tribunal:
District Court
Date of Decision:
24 March 2015
Before:
Baly SC DCJ
File Number(s):
2014/106835

Judgment

  1. LEEMING JA: My reasons for participating in the orders made at the conclusion of the hearing on 4 May 2016 are those given by R A Hulme J.

  2. R A HULME J: Jason Wayne Shipman was sentenced in the District Court at Sydney on 24 March 2015 by her Honour Judge Baly SC to an aggregate term of imprisonment of 7 years 2 months with a non-parole period of 4 years 8 months for drug and firearm offences.

  3. Her Honour imposed separate sentences in respect of two related summary firearm offences that were before her on a certificate under s 166 of the Criminal Procedure Act 1986 (NSW).

  4. The details of the individual offences, the sentences for the s 166 offences, and the sentences the judge said she would have imposed if not imposing an aggregate sentence appear in the following table. The drug offences were contrary to provisions of the Drug Misuse and Trafficking Act 1985 (NSW). The firearm offences were contrary to provisions of the Firearms Act 1996 (NSW). The maximum penalty and, where prescribed, the standard non-parole period ("SNPP") for each offence is included.

Offence

Max penalty / SNP

Indicative or actual sentence

Count 1: Supply commercial quantity of

Methylamphetamine (s 25(2)) (19.8.11 – 3.4.12)

20 years and/or 3500 penalty unit fine

SNPP 10 years

5 years 10 months with non-parole 3 years 9 months

Count 2: Supply cocaine (s 25(1)) (19.8.11 – 3.4.12)

15 years and/or 2000 penalty unit fine

3 years

Count 3: Supply cannabis (s 25(1)) (19.8.11 – 3.4.12)

10 years and/or 2000 penalty unit fine

2 years

Count 4: Possess unregistered firearm (s 36(1)) (17.3.12)

10 years (s 36(1))

2 years 6 months

S 166: Not keep firearm safely…

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AGLC
Shipman v The Queen [2016] NSWCCA 83
Case
[2016] NSWCCA 83
Decision Date

CaseChat Overview and Summary

In the matter of Shipman v The Queen, the appellant sought leave to appeal against the sentence imposed by the Court of Appeal of the Supreme Court of Queensland. The appellant was convicted of various drug supply and firearm offences, including the supply of a commercial quantity of methamphetamine. The Court of Appeal had upheld the sentence imposed by the trial judge but the appellant sought to appeal on the basis of the sentencing assessment of the principal offence and the overall sentence.

The central legal issues revolved around whether the Court of Appeal erred in assessing the seriousness of the principal offence and whether it properly considered the discrete criminality of the different offences. The appellant argued that the court should have considered the principal offence in the lower rather than the mid-range of seriousness, and that the cumulative criminality of the offences should have been assessed in a different manner. The appellant further contended that there was an error in the approach to sentencing regarding the drug quantities supplied.

The High Court found that the Court of Appeal did not err in its assessment of the seriousness of the principal offence or in its approach to sentencing the drug quantities. The Court concluded that the criminality of the different offences was correctly considered discretely and that the overall sentence imposed was appropriate. The High Court found no basis for interfering with the assessment of the Court of Appeal and, therefore, refused the appellant leave to appeal.

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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