Peachey v R [2011] NSWCCA 30

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Peachey v R [2011] NSWCCA 30 Hearing dates: Wednesday 2 March 2011 Decision date: 04 March 2011 Before: Hodgson JA at 1 Adams J at 2 Hall J at 3 Decision: (1) Leave to appeal be granted. (2) The appeal be dismissed. Catchwords: SENTENCE APPEAL - offender the apex of organisation - similar prior convictions - sophisticated drug supply network - 14 months involvement - marked difference in criminality between offender and co-accused - no error for lack of parity of sentences - findings as to remorse, rehabilitation and special circumstances - open for trial judge to make - non-parole period not manifestly excessive in light of criminality Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Drug Misuse & Trafficking Act 1985 Cases Cited: Jimmy v Regina [2010] NSWCCA 60 Lowe v The Queen (1984) 154 CLR 606 Regina v Clarke [2009] NSWCCA 49 Regina v Cramp [2004] NSWCCA 264 Regina v Girard [2004] NSWCCA 170 Category: Principal judgment Parties: Susan Ellen PEACHEY (Applicant) Regina (Crown) Representation: Counsel: J Pickering (Crown) N Carroll (Applicant) Solictors: S Kavanagh (Crown) George Sten & Co (Applicant) File Number(s): 2009/12072 Decision under appeal Jurisdiction: 9101 Date of Decision: 2010-05-21 00:00:00 Before: King DCJ File Number(s): 2009/12072