NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Stuart Leslie WOOD v R [2008] NSWCCA 257
HEARING DATE(S): 24 October 2008
JUDGMENT DATE: 5 November 2008
JUDGMENT OF: McClellan CJ at CL at 1; Nettle AJA at 5; Simpson J at 6
By majority: (1) Leave to appeal granted; DECISION: (2) Appeal allowed, sentence imposed on count 1 quashed; (3) In lieu thereof, the applicant be sentenced to imprisonment comprising a non-parole period of 3 years commencing 16 November 2005 and expiring on 15 November 2008, with a balance of term of 2 1/2 years to expire on 15 May 2011; Sentences imposed in respect of counts 2 & 3 confirmed.
CATCHWORDS: CRIMINAL LAW - appeal against severity of sentence - supply prohibited drugs - pleas of guilty - objective seriousness of the offence - whether insufficient weight given to subjective circumstances - utility of statistics on sentencing - appeal allowed
LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 Crimes (Sentencing Procedure) Act 1999
CATEGORY: Principal judgment
R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383 R v Way [2004] NSWCCA 131; 60 NSWLR 168 R v Letteri, (NSWCCA, 18 March 1992, Unreported) R v Engert (1995) 84 A Crim R 67 R v Scognamiglio (1991) 56 A Crim R 81 CASES CITED : R v Champion (1992) 64 A Crim R 244 R v Wright (1997) 93 A Crim R 48 R v Fahda [1999] NSWCCA 267 R v Benitez [2006] NSWCCA 21 R v Wong; R v Leung [1999] NSWCCA 420; 48 NSWLR 340 Wong v The Queen; Leung v The Queen [2001] HCA 64; 207 CLR 584
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