Finch v R [2014] NSWCCA 278

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Finch v R [2014] NSWCCA 278 Hearing dates: 8 August 2014 Decision date: 24 November 2014 Before: Simpson J at [1]; Adams J at [2]; R A Hulme J at [3] Decision: 1. Leave to appeal against sentence granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW - appeal against sentence - possession for purpose of supply of large commercial supply of lysergide and indictable quantity of methylamphetamine - unusual case - possession not by choice but retained possession for the purpose of supply - asserted errors in assessment by trial judge of seriousness of offence and aspects of subjective case - asserted excessive differential between sentences - error not established - sentences imposed reflected differing maximum penalties - manifest excess not established Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Procedure Act 1986 (NSW) Drugs Misuse and Trafficking Act 1985 (NSW) Category: Principal judgment Parties: Stephen John Finch (Applicant) Regina (Respondent) Representation: Counsel: Ms A Francis (Applicant) Mr N J Adams (Crown) Solicitors: Hardinlaw Solicitor for Public Prosecutions File Number(s): 2010/291599 Decision under appeal Jurisdiction: 9101 Date of Decision: 2013-04-12 00:00:00 Before: Berman SC DCJ File Number(s): 2010/291599