Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
- Amendment notes
Medium Neutral Citation: Zuffo v R [2017] NSWCCA 187 Hearing dates: 19 July 2017 Date of orders: 02 August 2017 Decision date: 02 August 2017 Before: Hoeben CJ at CL at [1];
Price J at [2];
Adamson J at [91]Decision: (1) Leave to appeal granted.
(2) Appeal dismissed.
Catchwords: CRIMINAL LAW – appeal against sentence – one count of supply of not less than commercial quantity of MDMA and one count of supplying MDMA on ongoing basis – whether judge failed to make a determination as to likelihood of re-offending – difference between prospects of rehabilitation and unlikelihood of re-offending considered – whether error in failing to apply sentencing principles applicable to youthful offenders – whether error in failing to consider applicant’s mental condition – whether lesser sentence warranted Legislation Cited: Crimes (Sentencing Procedure) Act 1999, ss 21A(3)(g), 21A(3)(h), 21A(3)(i)
Drug Misuse and Trafficking Act 1985, ss 25A(1), 25(2)Cases Cited: Director Of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
Jung v R [2017] NSWCCA 24
Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37
Lam v R [2015] NSWCCA 143
Peiris v R [2014] NSWCCA 58
R v Ha [2004] NSWCCA 386
R v M.A.K.; R v M.S.K. (2006) 167 A Crim R 159; [2006] NSWCCA 381
R v Pham [2005] NSWCCA 94
R v Pogson (2012) 82 NSWLR 60; [2012] NSWCCA 225
RCW v R (No 2) [2014] NSWCCA 190
Scott v R [2010] NSWCCA 103
Stoeski v R [2014] NSWCCA 161
The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54
Zreika v R [2012] NSWCCA 44Category: Principal judgment Parties: Blake Zuffo (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
Mr M. Ramage QC (Applicant)
Ms T. Smith (Respondent)
Jeffreys Lawyers (Applicant)
Mr C. Hyland – Solicitor for Public Prosecutions (Respondent)
File Number(s): 2013/00315189 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- District Court of NSW
- Jurisdiction:
- Criminal
- Date of Decision:
- 19 October 2016
- Before:
- Delaney ADCJ
- File Number(s):
- 2013/00315189
Judgment
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HOEBEN CJ at CL: I agree with Price J and the order which he proposes. I also agree with the additional reasons of Adamson J. In particular, I agree with her Honour’s observation that little weight will normally be given to an opinion expressed by a judge in an exchange with counsel in the course of sentence proceedings.
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PRICE J: Blake Zuffo (“the applicant”) seeks leave to appeal against the sentence imposed upon him by Delaney ADCJ (“the judge”) in the District Court at Sydney on 19 October 2016 for one count of supply of not less than the commercial quantity of a prohibited drug contrary to s 25(2) Drug Misuse and Trafficking Act 1985 (NSW) (“DMT Act”) (count 1) and one count of supplying a prohibited drug on an ongoing basis contrary to s 25A(1) DMT Act (count 2).
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At the applicant’s request, a…
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- AGLC
- Zuffo v R [2017] NSWCCA 187
- Case
- [2017] NSWCCA 187
- Decision Date
CaseChat Overview and Summary
The court considered whether the primary judge’s failure to assess the likelihood of re-offending constituted an error. The court also examined if there was a distinction between prospects of rehabilitation and unlikelihood of re-offending and whether this distinction was relevant to the appeal. Additionally, the court reviewed whether the primary judge erred in not applying sentencing principles for youthful offenders and in not considering the respondent’s mental condition.
The court concluded that the primary judge did not err in failing to determine the likelihood of re-offending, as the assessment of prospects of rehabilitation was sufficient. The court held that there was no significant difference between the prospects of rehabilitation and the unlikelihood of re-offending in this context. The court found no error in the primary judge’s failure to apply sentencing principles for youthful offenders or in not considering the respondent’s mental condition. The appeal was dismissed, and the original sentence was upheld.
The High Court ordered that the appeal be dismissed and that the sentence imposed by the primary judge be 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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