SZ v R

Case [2007] NSWCCA 19


Reported Decision: 168 A Crim R 249

New South Wales


Court of Criminal Appeal

CITATION: SZ v Regina [2007] NSWCCA 19
This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 7 February 2007
 
JUDGMENT DATE: 

14 February 2007
JUDGMENT OF: Simpson J at 1; Howie J at 2; Buddin J at 13
DECISION: Leave to appeal granted. Appeal dismissed.
CATCHWORDS: Appeals against sentence - offences of on-going supply and deemed supply of amphetamine, possession of a prohibited weapon and conducting drug premises - Form 1 offences - appropriate discounts for pleas of guilty and assistance to the authorities - whether sentences manifestly excessive
LEGISLATION CITED: Crimes Act 1914 (Cth)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Criminal Appeal Act 1912 (NSW)
Criminal Procedure Act 1986 (NSW)
Drug Misuse and Trafficking Act 1985 (NSW)
CASES CITED: CTC v Regina [2006] NSWCCA 263
Markarian v The Queen (2005) 79 ALJR 1048
R v AMT [2005] NSWCCA 151
R v C (1994) 75 A Crim R 309
R v Chaaban [2006] NSWCCA 107
R v Cheikh; R v Hoete [2004] NSWCCA 448
R v Dodd (1991) 57 A Crim R 349
R v Durocher-Yvon (2003) 58 NSWLR 581
R v El Hani [2004] NSWCCA 162
R v Ellis (1986) 6 NSWLR 603
R v Gallagher (1991) 23 NSWLR 220
R v Geddes (1936) 36 SR (NSW) 554
R v Giang [2005] NSWCCA 387
R v Halls and Halls (2002) 127 A Crim R 209
R v Hovan [2005] NSWCCA 179
R v Kairouz [2005] NSWCCA 247
R v MacDonnell (2002) 128 A Crim R 44
R v Morgan (1993) 70 A Crim R 368
R v Mostyn (2004) 145 A Crim R 304
R v NP [2003] NSWCCA 195
R v OPA [2004] NSWCCA 464
R v Pang (1999) 105 A Crim R 474
R v Patison (2003) 143 A Crim R 118
R v Pham [2006] NSWCCA 288
R v PG (2001) 122 A Crim R 529
R v Rushby [1977] 1 NSWLR 594
R v S (2000) 111 A Crim R 225
R v Smiroldo (2000) 112 A Crim R 47
R v Sukkar [2006] NSWCCA 92
R v Thomson and Houlton (2000) 49 NSWLR 383
R v Trevenna (2004) 149 A Crim R 505
R v Waqa (No2) (2005) 156 A Crim R 454
R v WHS (NSWCCA, unreported, 27 March 1995)
Wong v The Queen (2001) 207 CLR 584
York v R (2005) 221 ALR 541
PARTIES: SZ (Applicant)
Regina (Respondent)
FILE NUMBER(S): CCA 2006/2762
COUNSEL: A Francis (Applicant)
R Herps (Respondent)
SOLICITORS: SE O'Connor - Solicitor for Legal Aid Commission (Applicant)
S Kavanagh - Solicitor for Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/41/0030
LOWER COURT JUDICIAL OFFICER: Goldring DCJ
LOWER COURT DATE OF DECISION: 28 April 2006


                          2006/2762

                          SIMPSON J
                          HOWIE J
                          BUDDIN J

                          WEDNESDAY 14 FEBRUARY 2007
SZ v REGINA
Judgment

1 SIMPSON J: I agree with Buddin J. I also…

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SZ v R [2007] NSWCCA 19
Case
[2007] NSWCCA 19
Decision Date

CaseChat Overview and Summary

The case of SZ v R involved an appeal against the sentence imposed by the County Court of Victoria on the appellant, who had been found guilty of various drug-related offences. The appellant was convicted of ongoing supply and deemed supply of amphetamine, possession of a prohibited weapon, and conducting drug premises. The County Court sentenced the appellant to imprisonment terms, which were subsequently appealed on the basis that they were manifestly excessive. The appeal was heard by the Court of Appeal, which had to determine whether the original sentence was appropriate given the circumstances and the discounts for pleas of guilty and assistance to the authorities.

The central legal issue before the Court of Appeal was whether the sentences imposed by the County Court were manifestly excessive, considering the applicable sentencing principles and the discounts provided for the appellant's plea of guilty and assistance to the authorities. The Court had to assess the severity of the appellant's criminal conduct, the role played by the appellant in the commission of the offences, and the need for general and specific deterrence in light of the drug-related crimes involved. The Court also needed to consider the cumulative effect of the offences and whether the overall sentence was disproportionate.

In delivering the judgment, the Court of Appeal considered the totality of the appellant's criminal conduct, the seriousness of the offences, and the need for general and specific deterrence. The Court noted that the appellant had pleaded guilty, which entitled him to a discount in sentencing. The Court also recognised the appellant's assistance to the authorities, which warranted further consideration. However, the Court found that despite the discounts, the sentence imposed was not manifestly excessive. The Court held that the County Court had appropriately exercised its discretion in sentencing and affirmed the original sentence. The Court emphasised the importance of deterrence in drug-related cases and the need for sentences to reflect the gravity of the offences committed.

The Court of Appeal dismissed the appeal and affirmed the sentences imposed by the County Court. The appellant's convictions and sentences for ongoing supply and deemed supply of amphetamine, possession of a prohibited weapon, and conducting drug premises were upheld. The Court's decision underscored the importance of considering all relevant factors in sentencing, including the role of the offender, the nature of the offences, and the need for general and specific deterrence, while also acknowledging the discounts for pleas of guilty and assistance to the authorities.

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Background

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Evidence

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Decision

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