NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Phillip Edward Smith v R [2007] NSWCCA 138 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 10/05/07
JUDGMENT DATE: 22 May 2007
JUDGMENT OF: Campbell JA at 1; James J at 2; Smart AJ at 64
DECISION: 1. Leave to appeal against the sentences granted. 2. Allow the appeal against the sentences. 3. Applicant re-sentenced.
CATCHWORDS: Criminal Law - Sentencing - maximum penalty for offence wrongly stated - element of offence taken into account as aggravting factor - sentence manifestly excessive
LEGISLATION CITED: Crimes (Sentencing Procedure) Act Drug Misuse and Trafficking Act
Markarian v The Queen (2005) 79 ALJR 1048 R v Hoon & Pouoa [2000] NSWCCA 137 R v Kairouz [2005] NSWCCA 247 CASES CITED: R v Khaled [2001] NSWCCA 169 R v Mouloudi [2004] NSWCCA 96 R v Smiroldo [2000] NSWCCA 120 R v Tadrosse [2005] NSWCCA 145 Sharwood v Regina [2006] NSWCCA 157
PARTIES: Phillip Edward Smith v R
FILE NUMBER(S): CCA 2007/438
COUNSEL: Mr M J Johnston - Applicant Mr W Dawe QC - Respondent
SOLICITORS: S E O'Connor (LAC) - Applicant S Kavanagh (Solicitor for Public Prosecutions) - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/61/0074
LOWER COURT JUDICIAL OFFICER: Nield DCJ
LOWER COURT DATE OF DECISION: 03/08/06
IN THE COURT OF CRIMINAL APPEAL 2007/438
CAMPBELL JA JAMES J SMART AJ
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