NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: HUTTON, Daniel John v R [2008] NSWCCA 99
HEARING DATE(S): 1 May 2008
JUDGMENT DATE: 1 May 2008
JUDGMENT OF: Campbell JA at [1], [36], [37], [39]; James J at [2]; Johnson J at [38]
EX TEMPORE JUDGMENT DATE: 1 May 2008
DECISION: 1. Grant leave to appeal. 2. Dismiss the appeal.
CATCHWORDS: CRIMINAL LAW - Sentencing - drug offence - supplying commercial quantity - s21A(2)(n) - Crimes (Sentencing Procedure) Act
LEGISLATION CITED: Crimes (Sentencing Procedure) Act Drug Misuse and Trafficking Act
CASES CITED : R v Shi [2004] NSWCCA 135 R v Yildiz (2006) 160 A Crim R 218
PARTIES: Daniel John Hutton The Crown
FILE NUMBER(S): CCA 2007/2872
COUNSEL: N Mikhaiel (Appellant) D U Arnott SC (Crown)
SOLICITORS: C Hunter (Appellant) Director of Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/11/1017
LOWER COURT JUDICIAL OFFICER: Solomon DCJ
LOWER COURT DATE OF DECISION: 15 February 2007
IN THE COURT OF CRIMINAL APPEAL 2007/2872
CAMPBELL JA JAMES J JOHNSON J
THURSDAY 1 MAY 2008 HUTTON, Daniel John v R Judgment 1 CAMPBELL JA: I will ask Justice James to give the first judgment.
2 JAMES J: Daniel John Hutton applied for leave to appeal against a sentence imposed on him in the District Court on 15 February 2007 by his Honour Solomon DCJ for an offence, to which the applicant had pleaded guilty, of supplying a commercial quantity of a prohibited drug, namely, methylenedioxy methylamphetamine (MDMA, commonly known as ecstacy).
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