Shane Bradley Mitchell v R [2008] NSWCCA 192

New South Wales Court of Criminal Appeal

CITATION: Shane Bradley Mitchell v R [2008] NSWCCA 192

HEARING DATE(S): 8 August 2008

JUDGMENT DATE: 8 August 2008

JUDGMENT OF: McClellan CJ at CL at 23; Grove J at 25; Blanch AJ at 1

DECISION: Application for leave to appeal granted. Appeal allowed. Sentence imposed in the District Court quashed. On each offence the applicant is sentenced to a non-parole period of 18 months and a balance of term of six months to be served concurrently, the head sentence and the non parole periods to commence on 3 July 2008. Order his release to parole on 2 January 2009 under the terms of supervision specified in the Schedule to the Crimes (Sentencing Procedure) Act 1999.

CATCHWORDS: Appeal against severity of sentence - supply prohibited drug - consideration of principles of consistent sentencing as opposed to parity of sentencing

LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 s25 Crimes (Sentencing Procedure) Act 1999 s44

CATEGORY: Principal judgment

Lowe v The Queen (1984) 154 CLR 606 CASES CITED : R v Clark unreported NSWCCA 15 March 1990 R v Emery unreported NSWCCA 7 November 1997

PARTIES: Shane Bradley Mitchell (Applicant) Regina (Respondent)

FILE NUMBER(S): CCA 2007/3468002

COUNSEL: P Hamill SC (Applicant) N Noman (Crown)

SOLICITORS: Intercept Law (Applicant) S Kavanagh Solicitor for Public Prosecutions (Crown)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 07/31/0023

LOWER COURT JUDICIAL OFFICER: English DCJ

LOWER COURT DATE OF DECISION: 2 August 2007