NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v Raymond Francis Fogg [2002] NSWCCA 395 FILE NUMBER(S) : CCA 60865/01 HEARING DATE(S) : 27/09/2002 JUDGMENT DATE : 27 September 2002
PARTIES : Regina Raymond Francis Fogg JUDGMENT OF : Buddin J at 1; Smart AJ at 28
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/31/167 LOWER COURT JUDICIAL Nader ADCJ OFFICER :
COUNSEL : PG Ingram (Crown) RJ Button (Applicant) SOLICITORS : SE O'Connor (Crown) CATCHWORDS : Appeal against sentence - on-going supply of amphetamines - six controlled purchases by an undercover officer - relatively small amounts and low purity - involved wife in the offences - some criminal record - strong subjective case - special circumstances - manifestly excessive LEGISLATION CITED : Criminal Appeal Act 1912 Misuse and Trafficking Act 1985 R v Hofer [2001] NSWCCA 544 CASES CITED: R v Smiroldo (2000) 112 A Crim R 47 R v Thomson and Houlton (2000) 49 NSWLR 383 DECISION : Grant leave to appeal. Appeal allowed. Quash sentence imposed in the District Court. In lieu thereof the applicant is sentenced to imprisonment for three and a half years to commence on 10 November 2000 and to expire on 9 May 2004 with a non-parole period of two years and three months to commence on 10 November 2000 and to expire on 9 February 2003 at which time he will be eligible for consideration for release to parole.
IN THE COURT OF CRIMINAL APPEAL 60865/01
BUDDIN J SMART AJ
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