Sant v R [2014] NSWCCA 261

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Sant v R [2014] NSWCCA 261 Hearing dates: 21 October 2014 Decision date: 10 November 2014 Before: Hoeben CJ at CL at [1]; R A Hulme J at [2]; Adamson J at [66] Decision: 1. Leave to appeal granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW - appeal against sentence - supply not less than commercial quantity of methylamphetamine - sentencing judge did not erroneously take into account pre-charge supply activity - no legitimate basis for grievance regarding sentences imposed upon co-offenders - sentencing judge did not give inadequate weight to ill health and hardship in custody Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Green v The Queen; Quinn v The Queen [2011] HCA 49; 244 CLR 462 Hanania v R [2012] NSWCCA 220 Lowe v The Queen [1984] HCA 46; 154 CLR 606 Pearce v The Queen [1998] HCA 57; 194 CLR 610 Postiglione v The Queen [1997] HCA 26; 189 CLR 295 R v Baker [2000] NSWCCA 85 Category: Principal judgment Parties: John Sant (Applicant) Regina (Respondent) Representation: Counsel: Mr T Game SC (Applicant) Mr P Ingram SC (Crown) Solicitors: Gregory J Goold Solicitors Solicitor for Public Prosecutions File Number(s): 2010/143902 Decision under appeal Date of Decision: 2011-12-09 00:00:00 Before: Blanch CJ DCJ File Number(s): 2010/143902