NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: McBETH v R [2009] NSWCCA 235
HEARING DATE(S): 2 July 2009
JUDGMENT DATE: 16 September 2009
JUDGMENT OF: McClellan CJatCL at 1; Hidden J at 2; McCallum J at 3
DECISION: Leave to appeal against sentence granted, but appeal dismissed.
CATCHWORDS: CRIMINAL LAW – sentencing – leave to appeal against sentence – supplying prohibited drug – supplying commercial quantity of prohibited drug – finding of special circumstances – whether sentencing Judge erred in finding as to objective seriousness of offence - whether sentencing Judge adequately took into account subjective circumstances of offender – whether sentence manifestly excessive - partial accumulation – sentence imposed severe having regard to statistics – limits to the use of statistics – no error by sentencing Judge
Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Criminal Appeal Act 1912 Drug Misuse and Trafficking Act 1985 Listening Devices Act 1984
CATEGORY: Principal judgment
House v The King [1936] HCA 40; 55 CLR 499 Mulato [2006] NSWCCA 282 R v Bloomfield (1998) 44 NSWLR 734 R v O'Donoghue (1988) 34 A Crim R 397 CASES CITED : R v Olbrich [1999] HCA 54; (1999) 199 CLR 270 R v Taouk (1992) 65 A Crim R 387 R v Way [2004] NSWCCA 131; (2004) 60 NSWLR 168 Van Cuong Nguyen v R [2008] NSWCCA 322 Weininger v R [2003] HCA 14; (2003) 196 ALR 451
PARTIES: John McBETH (Applicant) REGINA (Respondent)
FILE NUMBER(S): CCA 2008/4043
COUNSEL: Mr R Bonnici (Applicant) Ms V Lydiard (Respondent)
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