NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: HANTZIS v THE QUEEN [2006] NSWCCA 387
HEARING DATE(S): 18 October 2006
JUDGMENT DATE: 4 December 2006
JUDGMENT OF: Basten JA at 1; Hidden J at 41; Bell J at 42
DECISION: (1) Extend time within which the application for leave to appeal might be filed up to and including 2 June 2006; (2) Grant leave to appeal against the sentence imposed by the District Court on 10 June 2005 in relation to the first charge of cultivating a commercial quantity of cannabis plants; (3) Allow the appeal and set aside the sentence imposed on 10 June 2005 and in lieu thereof sentence the applicant as follows:; (a) in relation to the cultivation charge, sentence the applicant to a non-parole period of three years and four months to date from 8 April 2004 and to expire on 7 August 2007, with a balance of sentence of two years and eight months to commence on 8 August 2007 and to expire on 7 April 2010; (b) in relation to count 2, sentence the applicant to a fixed term of 2 years imprisonment to date from 8 April 2004, which sentence will have expired on 7 April 2006.
CATCHWORDS: SENTENCING – failure to sentence separately for each offence – whether Court of Criminal Appeal had power to deal with outstanding charge - SENTENCING – cultivation of commercial quantity of marijuana – whether starting sentence of 12 years manifestly excessive
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 32, 50 Crimes Act 1958 (Vic), s 569 LEGISLATION CITED: Criminal Appeal Act 1912 (NSW), ss 7, 10 Criminal Procedure Act 1986 (NSW), s 167 Drug Misuse and Trafficking Act 1985 (NSW), ss 23, 25, 32, 33
Giammaria v Regina; Karagiannis v Regina [2006] NSWCCA 63 Markarian v The Queen [2005] HCA 25; (2005) 79 ALJR 1048 McL v The Queen [2000] HCA 46; (2000) 74 ALJR 1319 Pearce v The Queen (1998) 194 CLR 610 CASES CITED: R v Gallagher (1991) 23 NSWLR 220 R v Lawrence & Ors [1980] 1 NSWLR 122 R v Mangano (2006) 160 A Crim R 480 Ryan v The Queen (1982) 149 CLR 1 Sanchet v Director of Public Prosecutions (Cth) [2006] NSWCCA 291 Wong v The Queen (2001) 207 CLR 584
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate