NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Symonds v Regina [2007] NSWCCA 282
HEARING DATE(S): 10 September 2007
JUDGMENT DATE: 24 September 2007
JUDGMENT OF: Mason P at 1; Adams J at 2; Smart AJ at 3
DECISION: Leave to appeal against sentence granted. Appeal against sentence dismissed.
CATCHWORDS: Multiplicity of offences - Drug Court terminates program - judge considers special circumstances - accumulation of sentences - statutory ratio observed - moderate sentences adequately reflect subjective features - avoidance of "double counting" - further reductions in non-parole periods not warranted
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s 44
CASES CITED: R v Henry [2004] NSWCCA 306
PARTIES: Brendon Lee Symonds v Regina
FILE NUMBER(S): CCA 2006/00005035 CCAP
COUNSEL: (A) A Francis (C) M L Barr
SOLICITORS: (A) S E O'Connor (C) S Kavanagh
LOWER COURT JURISDICTION: Drug Court
LOWER COURT FILE NUMBER(S): 2005/0145
LOWER COURT JUDICIAL OFFICER: Senior Judge Dive
LOWER COURT DATE OF DECISION: 7 August 2006
IN THE COURT OF CRIMINAL APPEAL 2006/00005035/CCAP
MASON P ADAMS J SMART AJ
Monday 24 September 2007
Brendon Lee Symonds v Regina
JUDGMENT 1 MASON P: I agree with Smart AJ.
2 ADAMS J: I agree with Smart AJ.
3 SMART AJ: Brendon Lee Symonds seeks leave to appeal and thereafter to appeal against these sentences imposed on him on 7 August 2006 in the Drug Court on final hearing:
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