Huckstadt v R [2016] NSWCCA 22

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Huckstadt v R [2016] NSWCCA 22 Hearing dates: 24 November 2015 Decision date: 24 February 2016 Before: Johnson J at [1] Button J at [2] Fagan J at [100] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIMINAL LAW – appeal against sentence – drug offences – possession of prohibited weapons – co-offenders – principle of parity – whether the sentence imposed on the applicant demonstrates erroneous disparity when compared with the sentence imposed upon his co-offender Legislation Cited: Drug Misuse and Trafficking Act 1985 (NSW), ss 25(1), 25A(1) Criminal Procedure Act 1986 (NSW), s 32 Crimes (Sentencing Procedure) Act 1999 (NSW), s 10 Weapons Prohibition Act 1998 (NSW), s 7(1) Cases Cited: Green v The Queen; Quinn v The Queen [2011] HCA 49; (2011) 244 CLR 462 Lowe v R [1984] HCA 46; (1984) 154 CLR 606 Category: Principal judgment Parties: Geoffrey Huckstadt (Applicant) Regina (Respondent) Representation: Counsel: T Quilter (Applicant) T Smith (Respondent)

Solicitors: R Gregory – O'Brien Solicitors C Hyland – Solicitor for Public Prosecutions File Number(s): 2013/00023743 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Bathurst Date of Decision: 13 March 2014 Before: Colefax SC DCJ File Number(s): 2013/23743