Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Soames v R [2017] NSWCCA 158 Hearing dates: 28 June 2017 Date of orders: 05 July 2017 Decision date: 05 July 2017 Before: Hoeben CJ at CL at [1]
R A Hulme J at [2]
Garling J at [3]Decision: (1) Appeal upheld.
(2) Sentence imposed by English DCJ on 8 March 2013 with respect to the offence of supplying a prohibited drug (not less than commercial quantity of pseudoephedrine) contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985 be quashed.
(3) In lieu thereof, the appellant be sentenced to a term of imprisonment comprising a non-parole period of 3 years and 6 months commencing 8 January 2014 and expiring 7 July 2017, with a balance of term of 2 years and 6 months expiring 7 January 2020.
(4) The appellant is not eligible for release prior to the expiration of his non-parole period of 7 July 2017.Catchwords: SENTENCING – parity – co-offenders re-sentenced on appeal to lesser sentences
SENTENCING – compelling subjective circumstances – distinction between appellant and co-offenders
APPEAL – against sentence – appeal upheld as to one countLegislation Cited: Crimes (Appeal and Review) Act 2001 (NSW)
Criminal Appeal Act 1912 (NSW)
Drug Misuse and Trafficking Act 1985Cases Cited: Application by Matthew Soames pursuant to s 78 Crimes (Appeal and Review) Act 2001 [2017] NSWSC 423
Matthew Soames v Regina [2014] NSWCCA 158
Reese v R [2012] NSWCCA 47
Tan v R [2014] NSWCCA 96
Grover v R; Grover v R [2014] NSWCCA 315Texts Cited: Not Applicable Category: Principal judgment Parties: Matthew William Soames (Appellant)
The Crown (Respondent)Representation: Counsel:
Solicitors:
T Gartelmann (Appellant)
T Smith (Crown Prosecutors)
J Hanby (Appellant)
C Hyland - Solicitor for Public Prosecutions (Respondent)
File Number(s): 2011/191750; 2011/259436 Publication restriction: Not Applicable Decision under appeal
- Court or tribunal:
- District Court
- Jurisdiction:
- Criminal
- Date of Decision:
- 21 September 2012; 30 January 2013
- Before:
- English DCJ
- File Number(s):
- 2011/191750; 2011/259436
Judgment
-
HOEBEN CJ at CL: I agree with Garling J.
-
R A HULME J: I agree with Garling J.
-
GARLING J: On 19 April 2017, for the reasons which he then gave, Davies J ordered pursuant to s 79(1)(b) of the Crimes (Appeal and Review) Act 2001 (NSW) that the proceedings involving, Matthew Soames, were to be referred to the Court of Criminal Appeal to be dealt with as an appeal against sentence under the Criminal Appeal Act 1912 (NSW): see Application by Matthew Soames pursuant to s 78 Crimes (Appeal and Review) Act 2001 [2017] NSWSC 423.
-
The basis for that enquiry was the appearance of disparity, or lack of due proportion, between the sentences imposed on Mr Soames, to whom I shall refer as the appellant, and those imposed on two co-offenders, Daniel Grover and Brian Grover.
Original Sentence
-
The appellant was sentenced in the District Court on 8 March 2013. There, he pleaded guilty to two charges, the first…
Continue reading Soames v The Queen
Sign in free to access the full text
- AGLC
- Soames v The Queen [2017] NSWCCA 158
- Case
- [2017] NSWCCA 158
- Decision Date
CaseChat Overview and Summary
The court examined the principle of parity in sentencing, which requires that co-offenders receive sentences that reflect the relative seriousness of their individual roles in the crime. The court noted that the appellant's role was different from that of his co-offenders, who played more dominant roles in the operation. The appellant's involvement was described as peripheral, and his subjective circumstances, including his family responsibilities and lack of a prior criminal record, were considered compelling. The court found that the original sentence did not adequately account for these differences and circumstances.
Ultimately, the court upheld the appeal as to one count of the drug trafficking charge, reducing the appellant's sentence to reflect his lesser role and subjective circumstances. The court emphasised the need for sentences to be proportionate and tailored to the individual offender, taking into account both the nature of the offence and the personal factors of each defendant. The final orders included a re-sentencing of the appellant to a lesser term of imprisonment and a fine.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.