Reported Decision: 168 A Crim R 545
New South Wales
Court of Criminal Appeal
CITATION: Ward v R [2007] NSWCCA 22
This decision has been amended. Please see the end of the judgment for a list of the amendments.HEARING DATE(S): 16/01/2007
JUDGMENT DATE:
12 February 2007JUDGMENT OF: Adams J at 1; Howie J at 27; Price J at 30 DECISION: 1. Leave to appeal against sentence be granted; 2. In respect of counts 2 and 3 the sentences are quashed and substituted therefore in respect of each count a sentence comprising a non-parole period of one year and six months’ imprisonment commencing on 24 February 2007 and expiring on 23 August 2008 with a balance of term of one year and six months expiring 23 February 2010. The earliest date upon which the applicant will be eligible for release on parole is 23 August 2008. CATCHWORDS: sentence appeal - supply of amphetamines and cannabis - whether additional aggravating factor of disregarding public safety under s25A(2)(i) Crimes (Sentencing Procedure) Act 1999 should be taken into account - whether disregarding public safety inherent feature of offence - need to avoid double counting LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 CASES CITED: Elyard v. The Queen [2006] NSWCCA
R v Ancuta [2005] NSWCCA 275
R v Aslan [2005] NSWCCA 121
R v Burke [2002] NSWCCA 353
R v Olbrich (1998) 45 NSWLR 538
R v Way (2004) 60 NSWLR 168PARTIES: Clinton Rex WARD
REGINAFILE NUMBER(S): CCA 2006/2190 COUNSEL: Crown: Ms J Girdham
Applicant: Mr A P CookSOLICITORS: Crown: Director of Public Prosecutions
Applicant: Legal Aid Commission of New South WalesLOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 06/31/0052 LOWER COURT JUDICIAL OFFICER: Andrews DCJ LOWER COURT DATE OF DECISION: 22/06/2006
2006/2190
12 FEBRUARY 2007ADAMS J
HOWIE J
PRICE J
Judgment
1 ADAMS J: On 9 February 2006 the applicant, Clinton Rex Ward, pleaded guilty to three charges as follows: knowingly take part in the supply of a prohibited drug (cannabis) between 1 December 2004 and 26 May 2005; knowingly take part in the supply of a prohibited drug (methylamphetamine) between 1 December 2004 and 26 May 2005; and knowingly take part in the supply of a prohibited drug (methylamphetamine) on 23 March 2005. The first offence carried a maximum penalty of ten years, whilst the second and third offences each carried a maximum term of fifteen years’ imprisonment. In respect to the first offence the applicant was sentenced to a term of two years’ imprisonment with a non-parole period of eighteen months commencing on 24 February 2006. In respect of each of the second and third offences the applicant was sentenced to an overall term of three years’ imprisonment with a non-parole period of two years dating from 24 February 2007. Accordingly, the sentences for the latter two offences are to be served wholly concurrently but they were accumulated by one year on the sentence imposed for the first offence.…
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- AGLC
- Ward v R [2007] NSWCCA 22
- Case
- [2007] NSWCCA 22
- Decision Date
CaseChat Overview and Summary
The court examined the statutory provisions and case law to determine the correct interpretation and application of section 25A(2)(i). It considered whether the disregard for public safety was an inherent feature of the offence or if it constituted a separate aggravating factor. The court found that while disregard for public safety could be an inherent feature, it could also be an aggravating factor if it involved more than just the commission of the offence itself. The court held that the sentencing judge was not in error by considering the appellant's disregard for public safety as an additional aggravating factor, as it involved more than just the supply of drugs, including the circumstances and manner in which the supply was conducted.
The court concluded that the sentencing judge was entitled to consider the appellant's disregard for public safety as a separate aggravating factor, provided that it involved more than just the commission of the offence. The appeal was dismissed, and the original sentence was upheld. The court emphasised the importance of avoiding double counting but acknowledged that in this case, the disregard for public safety involved more than just the commission of the offence, justifying its consideration as an additional aggravating factor.
Orders
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Background
Background to the litigation
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Evidence
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Decision
Reasons for decision
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Ratio Decidendi
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