Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Watkins v R [2018] NSWCCA 24 Hearing dates: 5 February 2018 Date of orders: 02 March 2018 Decision date: 02 March 2018 Before: Payne JA at [1]
Garling J at [2]
Hidden AJ at [88]Decision: Leave to appeal refused.
Catchwords: CRIME – appeal against sentence – supply prohibited drug – ongoing supply prohibited drug – possession of unauthorised firearm – deal with proceeds of crime – whether sentencing judge failed to take into account the objective seriousness of the offending – where brief ex tempore remarks on sentence – leave to appeal refused Legislation Cited: Confiscation of Proceeds of Crime Act 1989
Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Criminal Appeal Act 1912
Drug Misuse and Trafficking Act 1985
Firearms Act 1995Cases Cited: Biles v R [2014] NSWCCA 170
Butters v R [2010] NSWCCA 1
Director of Public Prosecutions v Dalgliesh (a pseudonym) [2017] HCA 41; (2017) 349 ALR 37
Eldridge v R; Mackay v R [2015] NSWCCA 127
Grills v R [2016] NSWCCA 46
Huckstadt v R [2016] NSWCCA 22
Hurst v R [2017] NSWCCA 114
Luu v R [2008] NSWCCA 285
Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120
Paxton v R (2011) 219 A Crim R 104
Pearce v R [1998] HCA 57; (1998) 194 CLR 610
R v Blair (2005) 152 A Crim R 462
R v Cage [2006] NSWCCA 304
R v Dashti [2016] NSWCCA 251
R v Hemsley [2004] NSWCCA 228
R v Nguyen; R v Pham [2010] NSWCCA 238; 205 A Crim R
R v Peter Michael Clark (Court of Criminal Appeal (NSW), 15 March 1990, unrep)
R v Scott [2005] NSWCCA 152
R v Van Ryn [2016] NSWCCA 1
Veen v The Queen (No 2) [1988] HCA 14; (1988) 164 CLR 465
Zreika v R [2012] NSWCCA 44Texts Cited: Not Applicable Category: Principal judgment Parties: Marcus James Watkins (Applicant)
The CrownRepresentation: Counsel:
Solicitors:
A Hughes (Applicant)
B Hatfield (Crown)
Ramsland Laidler Solicitors (Applicant)
Solicitor for Public Prosecutions (Crown)
File Number(s): 2014/24524; 2015/239581 Publication restriction: Not Applicable Decision under appeal
- Court or tribunal:
- District Court
- Jurisdiction:
- Criminal
- Date of Decision:
- 11 March 2016
- Before:
- Ellis DCJ
- File Number(s):
- 2014/24524; 2015/239581
Judgment
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PAYNE JA: I agree with Garling J.
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GARLING J: The applicant, Marcus James Watkins, seeks leave to appeal pursuant to s 5(1)(c) of the Criminal Appeal Act 1912 against an aggregate sentence imposed upon him by Ellis DCJ on 11 March 2016 in the District Court of New South Wales.
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The sole ground relied upon by the applicant is that the sentencing Judge erred in failing to properly assess the objective seriousness of the offences.
Charges and Sentence
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The applicant entered a plea of guilty to two sets of offences, which related to the supply of prohibited drugs, possession of an unauthorised pistol and knowingly dealing with proceeds of crime. These sets of…
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- AGLC
- Watkins v The Queen [2018] NSWCCA 24
- Case
- [2018] NSWCCA 24
- Decision Date
CaseChat Overview and Summary
The Court examined the sentencing remarks made by the judge and considered whether they adequately reflected the objective seriousness of the offending. The Court held that the sentencing judge had appropriately considered the objective seriousness of the offending, despite the brevity of the remarks, and that the sentence imposed was not manifestly excessive. The Court emphasised the importance of considering the totality of the offending, including the appellant's role in the supply of the prohibited drug, the possession of the firearm, and the dealing with the proceeds of crime. The Court found that the sentence imposed was within the appropriate range and did not represent a significant departure from the principles of sentencing in Australia.
In light of the above, the Court dismissed the appeal against sentence. The Court held that the sentencing judge had properly considered the objective seriousness of the offending and that the sentence imposed was not manifestly excessive. The Court emphasised the importance of considering the totality of the offending, including the appellant's role in the supply of the prohibited drug, the possession of the firearm, and the dealing with the proceeds of crime. The Court found that the sentence imposed was within the appropriate range and did not represent a significant departure from the principles of sentencing in Australia. Consequently, the appeal was dismissed, and the sentence imposed by the lower court was upheld.
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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