NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: McKibben v R [2007] NSWCCA 89
HEARING DATE(S): 26/03/2007
JUDGMENT DATE: 2 April 2007
JUDGMENT OF: Simpson J at 1; Howie J at 2; Hislop J at 30
DECISION: Application for leave to appeal is granted, the appeal is allowed, the sentences imposed by Judge Finnane are quashed and the applicant re-sentenced as follows: (1) For the offence of manufacture and taking into account the Form 1, a non-parole period of 2 years 3 months from 10 June 2005 and to expire on 9 September 2007 with a balance of term of 2 years 3 months from 10 September 2007. (2) For Count 1, the s 25A matter and taking into account the Form 1, a non-parole period of 2 years and 9 months from 10 March 2007 and to expire on 10 December 2009 with a balance of 1 year 9 months to date from 9 December 2009. (3) For Count 2, supply, a non-parole period of 1 year 9 months to date from 10 December 2009 and to expire on 9 September 2011 with a balance of term of 1 year 9 months to date from 10 September 2011. (4) For count 3, supply, a non-parole period of 2 years 3 months to date from 10 December 2009 and to expire 9 March 2012 and a balance of term of 2 years 3 months to date from 10 March 2012 and to expire on 9 June 2014.
CATCHWORDS: Criminal Law - Sentencing - Drug offences - parity with co-offender - totality - whether manifestly excessive - failure to accord sufficient discount for early plea.
LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 - s 25A Crimes (Sentencing Procedure) Act 1999 - s 44
R v Olbrich (1999) 199 CLR 270 R v Hoon [2000] NSWCCA 137 CASES CITED: Vu v R [2006] NSWCCA 188 Pearce v The Queen (1998) 194 CLR 610 R v Thomson & Houlten [2000] 49 NSWLR 383
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