New South Wales
Court of Criminal Appeal
CITATION: Stephen Leslie Newton v R [2009] NSWCCA 128 HEARING DATE(S): 23 April 2009
JUDGMENT DATE:
29 April 2009JUDGMENT OF: Grove J at 1; Howie J at 2; RA Hulme J at 3 DECISION: I would grant leave to appeal but dismiss the appeal. CATCHWORDS: CRIMINAL LAW - sentence - relevant factors - error as to maximum penalty - slip in expression by judge - parity - disparity justified by marked difference in age of offenders LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 CATEGORY: Principal judgment CASES CITED: Douglas v R [2006] NSWCCA 94
Hudson v R [2009] NSWCCA 59
Lowe v The Queen (1994) 154 CLR 606
Postiglione v The Queen (1996-1997) 189 CLR 295
R v Burns [2007] NSWCCA 228
R v cHAN [1999] nswcca 103
R v Giang [2005] NSWCCA 387
R v Hoon [2000] NSWCCA 137
R v Mastronardi [2000] NSWCCA 12; (2000) 111 A Crim R 306
R v Rushby [1999] NSWCCA 104
R v Smiroldo [2000] NSWCCA 120; (2000) 112 A Crim R 47
R v Swan [2006] NSWCCA 47
R v Way [2004] NSWCCA 131; (2004) 60 NSWLR 168 at [172]
Tuifa v R [2008] NSWCCA 224PARTIES: Stephen Leslie NEWTON
ReginaFILE NUMBER(S): CCA 2008/7683 COUNSEL: W Hunt (Applicant)
P Leask (Crown)SOLICITORS: S O'Connor (Legal Aid Commission)
S Kavanagh (Solicitor for Public Prosecutions)LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 2008/7683 LOWER COURT JUDICIAL OFFICER: Flannery J LOWER COURT DATE OF DECISION: 19 August 2008
2008/7683
29 April 2009GROVE J
HOWIE J
RA HULME J
Judgment
1 GROVE J: I agree with RA Hulme J.
2 HOWIE J: I agree with RA Hulme J.
3 R A HULME J: The applicant seeks leave to appeal against the sentence imposed upon him by Flannery DCJ (the sentencing judge) for an offence of on-going supply of a prohibited drug for financial or material reward. The maximum penalty provided by s 25A(1) of the Drugs Misuse and Trafficking Act 1985 for this offence is imprisonment for 20 years and/or a fine of 3500 penalty units.
4 The applicant was sentenced to imprisonment for 1 year 8 months with a non-parole period of 12 months. The sentence was specified to commence on 4 August 2008 and so he will be released on parole on the expiration of the non-parole period on 3 August 2009. In sentencing the applicant for this offence, and at his request, the judge took into account his guilt in respect of two offences of supplying a prohibited drug and one of possessing a prohibited drug.
5 On an earlier occasion the sentencing judge had sentenced the applicant’s co-offender, Mr Lopeti Vulaono. He was sentenced for the same offence of on-going supply of a prohibited drug and he asked that his guilt of two offences of supplying a prohibited drug and one of possessing a prohibited weapon be taken into account.…
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- AGLC
- Stephen Leslie Newton v R [2009] NSWCCA 128
- Case
- [2009] NSWCCA 128
- Decision Date
CaseChat Overview and Summary
The appeal raised two issues for determination by the Court. The first was whether the trial judge’s error as to the maximum penalty was a sufficient ground for allowing an appeal against sentence. The second was whether the disparity between the appellant’s sentence and that of his co-offenders was so great as to render the sentence unjust. The Court found that the error made by the trial judge was not sufficient to warrant an appeal against sentence. The Court also found that the disparity between the appellant’s sentence and that of his co-offenders did not render the sentence unjust. The Court held that the trial judge had taken into account all relevant matters, including the disparity between the sentences of co-offenders, and had exercised its discretion reasonably.
The Court noted that the trial judge had considered all relevant matters, including the disparity between the sentences of co-offenders, and had exercised its discretion reasonably. The Court held that the trial judge’s error as to the maximum penalty did not warrant an appeal against sentence. The Court also held that the disparity between the appellant’s sentence and that of his co-offenders did not render the sentence unjust. The Court found that the disparity was justified by the marked difference in age between the appellant and his co-offenders.
The appeal was dismissed.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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Ratio Decidendi
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