NSW Caselaw
Reported Decision : 155 A Crim R 241
New South Wales Court of Criminal Appeal
CITATION: R v Mendez [2005] NSWCCA 246
HEARING DATE(S): 12/07/05
JUDGMENT DATE: 22 July 2005
JUDGMENT OF: Studdert J at 1; Kirby J at 2; Howie J at 45
DECISION: (1) The appeal is allowed; (2) The sentence of Maguire DCJ on 18 March 2005 is quashed; (3) In lieu thereof, the respondent is sentenced to a non parole period of 5 years and 6 months commencing on 30 September 2003 and ending on 29 March 2009, with a total term of 8 years ending on 29 September 2011.
CATCHWORDS: CRIMINAL PRACTICE & PROCEDURE - Crown appeal against inadequacy of sentence - standard non parole - sentence 30% of standard non parole - no reasons for reduction - sentence manifestly inadequate - resentence - principles on Crown appeal - double jeopardy.
Drug Misuse and Trafficking Act 1985 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999
R v Way (2004) 60 NSWLR 168 R v Pellew [2004] NSWCCA 434 R v Shi [2004] NSWCCA 135 CASES CITED: R v Blair [2005] NSWCCA 78 R v Allpass (1994) 72 A Crim R 561 Dinsdale v The Queen (2000) 202 CLR 321
Regina (Appl) PARTIES: Raymond Mendez (Resp)
FILE NUMBER(S): CCA 2005/617
Ms J A Girdham (Crown/Appl) COUNSEL: B Dalton (Resp)
S Kavanagh - DPP (Crown/Appl) SOLICITORS: S E O'Connor - LAC (Resp)
LOWER COURT JURISDICTION: District Court
04/21/3007 LOWER COURT FILE NUMBER(S):
LOWER COURT JUDICIAL OFFICER: Maguire DCJ
IN THE COURT OF CRIMINAL APPEAL 2005/617
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