NSW Caselaw
Reported Decision: 191 A Crim R 251
New South Wales Court of Criminal Appeal
CITATION: Stack v R [2008] NSWCCA 271
HEARING DATE(S): 28 October 2008
JUDGMENT DATE: 3 December 2008
JUDGMENT OF: McClellan CJ at CL at 1; Simpson J at 2; McCallum J at 3
DECISION: Leave to appeal granted but appeal dismissed.
CATCHWORDS: SENTENCING - one count of supply and one count of ongoing supply of methylamphetamine - appeal against sentence upon basis was disproportionate to comparable co-offender - appeal dismissed
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985
CATEGORY: Principal judgment
R v Bacon (2000) 120 A Crim R 28 R v Decandia (unreported, Court of Criminal Appeal 8 July 1994) R v Fogg [2002] NSWCCA 395 CASES CITED : R v Majzoub [2006] NSWCCA 12 R v Morgan (1993) 70 A Crim R 368 R v Radisich [2006] NSWCCA 52 R v Schumacher [2006] NSWCCA 135
PARTIES: Steven Brett STACK (Appellant) Regina (Respondent)
FILE NUMBER(S): CCA 2008/414
COUNSEL: Mr J O'Sullivan (Appellant) Mr G Rowling (Respondent)
SOLICITORS: Nicolas Moir and Associates Pty Ltd (Appellant) S Kavanagh (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/31/0293
LOWER COURT JUDICIAL OFFICER: O'Connor QC DCJ
LOWER COURT DATE OF DECISION: 22 January 2008
- 6 - IN THE COURT OF CRIMINAL APPEAL 2008/414
McCLELLAN CJ at CL SIMPSON J McCALLUM J
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