R v Sellars [2010] NSWCCA 133

New South Wales Court of Criminal Appeal

CITATION: R v Sellars [2010] NSWCCA 133

HEARING DATE(S): 2 June 2010

JUDGMENT DATE: 25 June 2010

JUDGMENT OF: McClellan CJatCL at 1; Grove J at 27; Johnson J at 28

DECISION: 1. Appeal upheld and the sentence imposed in the District Court quashed. 2. Having regard to the matters on the Form 1 the respondent is sentenced to a non-parole period of 5 years commencing on 27 November 2008 with an additional term of 3 years. The respondent will be eligible for release to parole on 26 November 2013.

CATCHWORDS: CRIMINAL LAW - Crown appeal - whether sentencing judge erred in failing to make a sufficient record of reasons for finding special circumstances justifying the balance of the term of sentence exceeding one third of the non-parole period - whether sentencing judge failed to adequately determine where the offence lay in the range of objective seriousness - whether sentencing judge had adequate regard to the standard non-parole period when sentencing

Drug Misuse and Trafficking Act 1985 LEGISLATION CITED: Criminal Appeal Act 1912 Crimes (Administration of Sentences) Regulation 2008 Crimes (Sentencing Procedure) Act 1999

CATEGORY: Principal judgment

Attorney-General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (No 1 of 2002) [2002] 56 NSWLR 146 Le Cerf [1976] 8 ALR 349 Porter v R [2008] NSWCCA 145 R v Cheh [2009] NSWCCA 134 CASES CITED : R v Knight; Biuvanua [2007] NSWCCA 283; [2007] 176 A Crim R 338 R v McEvoy [2010] NSWCCA 110 R v Richards [1981] NSWLR 464 R v Snyder [2004] NSWCCA 134 R v Stanbouli [2003] NSWCCA 355; (2003) 141 A Crim R 531 R v Tadrosse [2005] NSWCCA 145 at [29]; 65 NSWLR 740