Gore v R; Hunter v R [2010] NSWCCA 330

Reported Decision: 208 A Crim R 353

New South Wales Court of Criminal Appeal

CITATION: Gore v R; Hunter v R [2010] NSWCCA 330

HEARING DATE(S): 28 October 2010

JUDGMENT DATE: 21 December 2010

JUDGMENT OF: Handley AJA at 1; Adams J at 9; Howie AJ at 97

2009/8982 - GORE 1 Application for leave be granted and the appeal allowed. 2 The sentence imposed in the District Court is quashed. 3 In lieu the applicant is sentenced to a term of imprisonment comprising a non-parole period of 3 years 4 months and a balance of term of 14 months. The sentence is to commence on 13 March 2009 and the non-parole period is to expire on 12 July 2012, the date upon which the applicant is entitled to be considered for release to parole. DECISION: 2009/8916 - HUNTER See R v Hunter [2010] NSWCCA 270 (i) Leave to appeal is granted; (ii) the sentences imposed in the District Court are quashed; (iii) in lieu of the sentences imposed, the applicant is sentenced, in respect of each offence, taking into account on the first offence the matter in the Form 1 document, a fixed term commencing on 13 March 2009 and expiring 23 November 2010. The consequence is that the applicant is to be released immediately.

CATCHWORDS: Sentence appeal – offences under ss 24A, 25A and 36Z Drug Misuse and Trafficking Act 1985 – Inherent and aggravating features of offences – Significance of use of "fortified" premises – Whether offences committed in company – Assessment of objective seriousness – Whether applicable sentencing range – Significance of maximum penalty.

Crimes (Sentencing Procedure) Act 1999 ss 9, 21A & 44 LEGISLATION CITED: Criminal Procedure Act 1986 s 166 Drug Misuse and Trafficking Act 1985 ss 24A, 25, 25A & 36Z Poisons and Therapeutic Goods Act 1966 ss 10, 16