NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Briggs v R [2010] NSWCCA 250 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 10 Sep 2010
JUDGMENT DATE: 5 November 2010
JUDGMENT OF: Hodgson JA; Price J; Fullerton J
1. Leave to appeal against sentence is granted. DECISION: 2. Appeal allowed. 3. The sentence imposed in the District Court is quashed and in lieu thereof a term of imprisonment of 9 years and 9 months is imposed comprised of a non-parole period of 7 years and 3 months to commence on 21 September 2008 and to expire on 20 December 2015 with a balance of term of 2 years and 6 months to expire of 20 June 2018.
CATCHWORDS: CRIMINAL LAW - appeal against sentence - supplying commercial quantity of prohibited drug - whether sentencing judge erred by failing to consider and find special circumstances - whether sentencing judge erred by failing to impose a non-parole period
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Firearms Act 1996
CATEGORY: Principal judgment
Ayoub v R; El Masri v R [2010] NSWCCA 196 Clarke v R [2009] NSWCCA 49 Markarian v R [2005] HCA 25; 228 CLR 357 CASES CITED : R v Borkowski [2009] NSWCCA 102; 195 A Crim R 1 R v Fidow [2004] NSWCCA 172 R v Pevy [2004] NSWCCA 414 R v Simpson [2001] NSWCCA 534; 53 NSWLR 704 Wakefield v R [2010] NSWCCA 12
PARTIES: Kurt Gregory Briggs (App) The Crown (Resp)
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