Tyler v Regina; Regina v Chalmers [2007] NSWCCA 247

Reported Decision: 173 A Crim 458

New South Wales Court of Criminal Appeal

CITATION: Tyler v Regina; Regina v Chalmers [2007] NSWCCA 247

HEARING DATE(S): 23 July 2007

JUDGMENT DATE: 15 August 2007

JUDGMENT OF: Spigelman CJ at 1; Simpson J at 2; Harrison J at 149

DECISION: Matter No 2007/570: (1) Leave to appeal granted, appeal allowed, sentence set aside; (2) Applicant sentenced to imprisonment for 7½ years, commencing on 9 May 2005 and expiring on 8 November 2012, with a non-parole period of 4½ years, expiring on 8 November 2009.; Matter No 2007/1431: (1) Crown appeal allowed, sentence set aside; (2) The respondent be sentenced to imprisonment for 12 years commencing on 21 July 2006 and expiring on 20 July 2018 with a non-parole period of eight years expiring on 20 July 2014.

CATCHWORDS: TYLER: CRIMINAL LAW – SENTENCING – application for leave to appeal against sentence – conspiracy to import prohibited drug (cocaine) – plea of guilty – subjective circumstances – past assistance – prospects of rehabilitation – protective custody – whether sentence manifestly excessive – parity with co-offenders – applicant re-sentenced to establish parity with co-offender - CHALMERS: CRIMINAL LAW – SENTENCING – Crown appeal against sentence – conspiracy to import prohibited drug (cocaine) – plea of not guilty – supply prohibited drug (cocaine) – plea of guilty – subjective circumstances – role in conspiracy – criminality – general deterrence – protective custody – whether sentence manifestly inadequate – respondent re-sentenced and sentence increased

Crimes Act 1914 (Cth) Criminal Appeal Act 1912 LEGISLATION CITED: Criminal Code Act 1995 Customs Act 1901 Drug Misuse and Trafficking Act 1995 (NSW)