NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: HOWARTH v REGINA [2010] NSWCCA 211 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 14 September 2010
JUDGMENT DATE: 20 September 2010
JUDGMENT OF: McColl JA at 1; Hulme J at 2; Latham J at 3
1. Leave to appeal granted. DECISION: 2. Appeal allowed in part. 3. The sentence imposed on count 2 is set aside. In lieu, a non parole period of 18 months is imposed, to date from 25 August 2010, expiring 24 February 2012, with a balance of term of 18 months, expiring 24 August 2013. The applicant is eligible for release to parole on 25 February 2012.
CATCHWORDS: CRIMINAL LAW - appeal against sentence - pleas of guilty to two counts of supplying drugs (ecstasy and methylamphetamine) - two counts of unauthorised possession of a pistol and one count of dealing with proceeds of crime - whether sentences imposed on supply offences were manifestly excessive - whether aggregate sentence was manifestly excessive - whether Judge failed to give effect to a finding of special circumstances
CATEGORY: Principal judgment
CASES CITED : Braithwaite v R [2005] NSWCCA 451 Jackson v R [2010] NSWCCA 162
PARTIES: Dylan Noel Howarth - (Applicant) Regina - (Respondent)
FILE NUMBER(S): CCA 2009/1734
COUNSEL: W Hunt - (Applicant) D Arnott SC - (Respondent)
SOLICITORS: S O'Connor - (Solicitor for Legal Aid Commission) S Kavanagh - (Solicitor for Public Prosecutions)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2009/1734
LOWER COURT JUDICIAL OFFICER: Sorby DCJ
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