Buttrose, Richard William v R [2011] NSWCCA 35

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Buttrose, Richard William v R [2011] NSWCCA 35 Hearing dates: 16 December 2010 Decision date: 10 March 2011 Before: McClellan CJ at CL at [1] Hall J at [57] Garling J at [58] Decision: 1. Apart from the order made pursuant to s 167 of the Criminal Procedure Act 1986 the sentences imposed on the applicant in the District Court are quashed and the applicant is sentenced as follows: Count 1: a period of imprisonment of 12 months to date from 26 February 2009 and conclude on 25 February 2010. Count 2: a period of imprisonment of 2 years to date from 26 August 2009 and conclude on 25 August 2011. Count 3: having regard to the offences on the Form 1 to a period of imprisonment comprising a non-parole period of 9 years commencing on 26 August 2009 and concluding on 25 August 2018 with a balance of term of 3 years commencing on 26 August 2018 and concluding on 25 August 2021. Catchwords: CRIMINAL - appeal against sentence - grounds for interference - objective criminality- accumulation of sentence - insufficient weight to applicant's subjective circumstances - organised criminal activity - discount for plea and assistance - sentence quashed and applicant re-sentenced. Legislation Cited: Drug Misuse and Trafficking Act 1985 Criminal Procedure Act 1986 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Coetzee v R [2007] NSWCCA 12 R v AJP (2004) 150 A Crim R 575 R v El Helou [2010] NSWCCA 111 R v Stankovic [2006] NSWCCA 229 R v Way (2004) 60 NSWLR 168 R v XX (2009) 195 A Crim R 38 Sukkar v R [2007] NSWCCA 298 Wang v R [2009] NSWCCA 223 Category: Principal judgment Parties: Richard William Buttrose (Appellant) The Crown (Respondent) Representation: Counsel: W Abraham QC/S McNaughton (Appellant) P G Ingram SC (Crown) Solicitors: Lincoln Smith & Company (Appellant) Director of Public Prosecutions (Crown) File Number(s): 2009/151506 2009/156951 Decision under appeal Date of Decision: 2010-03-18 00:00:00 Before: Sorby DCJ File Number(s): 2009/15150