NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Regina v Stricke [2007] NSWCCA 179
HEARING DATE(S): 28 March 2007
JUDGMENT DATE: 25 June 2007
JUDGMENT OF: Simpson J at 1; Howie J at 2; Hislop J at 3
DECISION: (1) Appeal upheld; (2) The sentence as to count 1 is quashed; (3) In lieu thereof the respondent is sentenced on count 1 to a fixed term of 6 years imprisonment commencing on 2 March 2006 and expiring on 1 March 2012; (4) The sentence as to count 2 is quashed; (5) In lieu thereof the respondent is sentenced on count 2 to a non parole period of 8 years imprisonment commencing on 2 March 2007 and expiring on 1 March 2015 with a balance of term of 5 years commencing on 2 March 2015 and expiring on 1 March 2020; (6) The sentences in respect of count 3 and the goods in custody offence dealt with pursuant to s 166 of the Criminal Procedure Act 1986 are confirmed.
CATCHWORDS: Criminal law - Sentencing - Supply prohibited drug - Standard non parole period - Plea - Objective seriousness - Accumulation of sentences.
Crimes (Sentencing Procedure) Act 1999 - ss 54A, 54B LEGISLATION CITED: Criminal Procedure Act 1986 - s 166 Drug Misuse and Trafficking Act 1985 - s 25
Mulato v Regina [2006] NSWCCA 282 Pearce v R (1998) 194 CLR 610 R v Drollett NSWCCA unreported 14 February 2002 R v Hammoud (2000) 118 A Crim R 66 CASES CITED: R v Knight [2004] NSWCCA 145 R v MAK [2006] NSWCCA 381 R v Mills [2005] NSWCCA 175 R v Wall (2002) NSWCCA 42 Regina v Way (2004) 60 NSWLR 168
PARTIES: Applicant - Regina Respondent - Max Sheldon Stricke
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