R v Mauger [2012] NSWCCA 51

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Mauger [2012] NSWCCA 51 Hearing dates: 28 March 2012 Decision date: 30 March 2012 Before: Beazley JA at 1 Harrison J at 2 McCallum J at 43 Decision: Appeal dismissed Catchwords: CRIMINAL LAW - Crown appeal against sentence - supply of ecstasy - whether sentencing judge erred in finding that respondent's mental condition was such that his judgment was impaired - whether sentencing judge erred in finding that respondent would face adverse consequences in relation to his employment and ability to travel overseas if a conviction was recorded - whether sentence was manifestly inadequate - sentence not manifestly inadequate - appeal dismissed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Criminal Records Act 1991 Drug Misuse and Trafficking Act 1985 Cases Cited: Application by the Attorney General under Section 37 of the Crimes (Sentencing Procedure) Act for a Guideline Judgment Concerning the Offence of High Range Prescribed Concentration of Alcohol Under Section 9(4) of the Road Transport (Safety and Traffic Management) Act 1999 (No. 3 of 2002) [2004] NSWCCA 303; 61 NSWLR 305 Cobiac v Liddy (1969) 119 CLR 257 Dinsdale v The Queen [2000] HCA 54; (2000) 202 CLR 321 Green v The Queen; Quinn v The Queen [2011] HCA 49; (2011) 283 ALR 1 Hili v The Queen; Jones v The Queen [2010] HCA 45; (2010) 242 CLR 520 Hoffenberg v The District Court of New South Wales [2010] NSWCA 142 House v R [1936] HCA 40; (1936) 55 CLR 499 R v KNL [2005] NSWCCA 260; (2005) 154 A Crim R 268 R v Nguyen [2002] NSWCCA 183 R v TMTW [2008] NSWCCA 50 SBF v R [2009] NSWCCA 231; (2009) 198 A Crim R 219 Walden v Hensler [1987] HCA 54; (1987) 163 CLR 561 Wong v The Queen [2001] HCA 64; (2001) 207 CLR 584 Category: Principal judgment Parties: Crown (Appellant) Oliver James Tama Mauger (Respondent) Representation: S Dowling (Appellant) R Sutherland SC (Respondent) Solicitor for Public Prosecutions (Appellant) Armstrong Legal (Respondent) File Number(s): 2011/62157 Decision under appeal Date of Decision: 2011-11-23 00:00:00 Before: English DCJ File Number(s): 2011/62157