NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Garner v R [2009] NSWCCA 79
HEARING DATE(S): 19 February 2009
JUDGMENT DATE: 5 May 2009
JUDGMENT OF: McClellan CJatCL at 1; James J at 2; Buddin J at 62
1.Leave granted to appeal against the sentence for offence 2. 2.Appeal against the sentence for offence 2 allowed. DECISION: 3.Sentence imposed by the sentencing judge for offence 2 quashed. 4.In lieu thereof sentence the applicant to a non-parole period of one year four months commencing on 29 August 2008 and expiring on 28 December 2009 and a balance of the term of one year four months. 5.Direct that the applicant be released on parole on 28 December 2009.
CATCHWORDS: CRIMINAL LAW — Sentencing — drug offences — whether motive sheer greed — sentence for one offence manifestly excessive — less severe aggregate sentence for all offences warranted
Crimes (Sentencing Procedure) Act LEGISLATION CITED: Crimes Act Drug Misuse and Trafficking Act Firearms Act
Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act (2002) 56 NSWLR 146 R v Bacon (2000) 120 A Crim R 28 R v Brown [2001] NSWCCA 367 R v Connell [2003] NSWCCA 90 CASES CITED : R v Decandia (NSWCCA 8 July 1994) R v Fogg [2002] NSWCCA 395 R v Hofer [2001] NSWCCA 544 R v Meres; R v Dineen [2003] NSWCCA 193 R v Smiroldo (2000) 112 A Crim R 47
PARTIES: Allen John GARNER Regina
FILE NUMBER(S): CCA 2007/5635
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