Fogg v Regina [2011] NSWCCA 1

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Fogg v Regina [2011] NSWCCA 1 Hearing dates: 8 December 2010 Decision date: 04 February 2011 Before: Simpson J at 1 Blanch J at 2 Garling J at 3 Decision: 1. Leave to appeal granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW - Sentencing - Supply of methylamphetamine - Where the sentencing judge found that the applicant was the second in command of a drug supply enterprise - Whether sentencing judge erroneously placed the offence above the mid range of objective seriousness - Whether the sentencing judge erroneously took into account aggravating features - Whether the sentencing judge failed to take into account a mitigating feature - Whether sentence manifestly excessive. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Drug Misuse and Trafficking Act 1985 Cases Cited: Dinsdale v The Queen (2000) 202 CLR 321 El-Ghourani v R [2009] NSWCCA 140 Mirza v R [2007] NSWCCA 248 Mulato v The Queen [2006] NSWCCA 282 R v Bloomfield (1998) 44 NSWLR 734 R v Hayek [2010] NSWCCA 139 Stewart v R [2009] NSWCCA 152 Vuni v The Queen [2006] NSWCCA 171 Category: Principal judgment Parties: Neville William Fogg (Applicant) Crown (Respondent) Representation: Counsel: J. Trevallion (Applicant) V. Lydiard (Crown) Solicitors: Archibold Legal (Applicant) Department of Public Prosecutions (Crown) File Number(s): CCA 2008/019432 Decision under appeal Citation: R v Neville William Fogg Date of Decision: 2009-09-17 00:00:00 Before: Frearson J File Number(s): 2008/00019432