NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Cunningham v R [2005] NSWCCA 416
HEARING DATE(S): 30 November 2005
JUDGMENT DATE: 30 November 2005
JUDGMENT OF: Studdert J at 1; Whealy J at 40; Howie J at 41
DECISION: Leave to appeal granted; appeal dismissed.
Crimes (Sentencing Procedure) Act, s 32 Drug Misuse and Trafficking Act, s 25 LEGISLATION CITED: Firearms Act, s 51 Weapons Prohibition Act
Pearce v The Queen (1998) 194 CLR 610 CASES CITED: R v Thomson (2000) 49 NSWLR 383
PARTIES: Brenton Cunningham v Regina
FILE NUMBER(S): CCA 2005/389
App: In person COUNSEL: Crown: J. Bennett SC
App: In person SOLICITORS: Crown: S. Kavanagh
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/31/0389
LOWER COURT JUDICIAL OFFICER: Patten DCJ
IN THE COURT OF CRIMINAL APPEAL 2005/389
STUDDERT J WHEALY J HOWIE J
Wednesday 30 November 2005 BRENTON CUNNINGHAM v REGINA Judgment 1 STUDDERT J: The applicant, Brenton Paul Cunningham, seeks leave to appeal against sentences imposed by his Honour Judge Patten in the District Court at Gosford on 23 April 2004. The offences for which sentences were imposed were two counts of supplying a prohibited drug, namely cannabis leaf, selling a prohibited pistol to a person not authorised to purchase it, and possessing a prohibited weapon without authority. The judge was also asked to take account of additional charges listed pursuant to s 32 of the Crimes (Sentencing Procedure) Act 1999. Those offences were the following:
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