NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: BUTTON v R [2010] NSWCCA 264
HEARING DATE(S): 11 November 2010
JUDGMENT DATE: 11 November 2010
JUDGMENT OF: Simpson J at 1; Kirby J at 2; Latham J at 3
EX TEMPORE JUDGMENT DATE: 11 November 2010
1. Leave to appeal granted. 2. Appeal allowed DECISION: 3. Quash the sentence imposed on 4 June 2010 on Count 1 4. In lieu, taking into account the offence on the Form 1, a non parole period of 12 months, to date from 25 September 2009 expiring 24 September 2010, with a balance of term of 21 months expiring 24 June 2012. 5. The applicant is entitled to be released forthwith.
CATCHWORDS: CRIMINAL LAW - appeal against sentence - plea of guilty to one count of supply a prohibited drug (ecstasy) on an ongoing basis and one count of supply ecstasy - whether applicant was denied procedural fairness during the sentencing proceedings - whether sentence manifestly excessive.
LEGISLATION CITED: Drug Misuse and Trafficking Act 1985
CASES CITED : Baroudi v R 92007) NSWCCA 48 Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam [2003] HCA 6; (2003) 214 CLR
PARTIES: Brett Michael Button - (Applicant) Regina - (Crown Respondent)
FILE NUMBER(S): CCA 2009/214356
COUNSEL: M Johnston - (Applicant) V Lydiard - (Respondent)
SOLICITORS: Steve O'Conor (Legal Aid Commission) - (Applicant) S Kavanagh - Solicitor for Public Prosectutions (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2009/214356
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