REGINA v. BUTCHER [2001] NSWCCA 188

REGINA v. BUTCHER [2001] NSWCCA 188

The sentences passed on counts one and four exceeded what was appropriate given the applicant's criminality and personal circumstances; insufficient regard was given to the applicant's special circumstances, plea of guilty, and mitigation from the undercover police involvement. The court substituted sentences of five years (with a non-parole period of three years) on counts one and four, to be served concurrently from the date of arrest.

Parties
Prosecution: Regina; Applicant/defendant: Brett John Butcher
Jurisdiction
Australia
Judgment Date
17 May 2001
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted in part; appeal allowed on counts one and four; sentences quashed and substituted; appeal on counts two and three dismissed.
Legal Topics
Appeal Against Sentence, Supply of Prohibited Drug, Mitigation and Aggravation in Sentencing, Role of Undercover Police, Special Circumstances, Discount for Plea of Guilty
Criminal Law Appeal Against Sentence Supply of Prohibited Drug Mitigation and Aggravation in Sentencing Role of Undercover Police Special Circumstances Discount for Plea of Guilty

Case Brief

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Parties

Regina

Prosecution

Brett John Butcher

Applicant/defendant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was excessive in light of the applicant's role and special circumstances
  2. 2 Whether the trial judge failed to give proper weight to the plea of guilty
  3. 3 Whether the applicant's culpability was aggravated or mitigated by the actions of the undercover police officer

Ratio Decidendi

The sentences passed on counts one and four exceeded what was appropriate given the applicant's criminality and personal circumstances; insufficient regard was given to the applicant's special circumstances, plea of guilty, and mitigation from the undercover police involvement. The court substituted sentences of five years (with a non-parole period of three years) on counts one and four, to be served concurrently from the date of arrest.

Court Disposition

Leave to appeal granted in part; appeal allowed on counts one and four; sentences quashed and substituted; appeal on counts two and three dismissed.

Orders

  • Leave to appeal granted; appeal allowed on counts one and four; sentences on those counts quashed.
  • In lieu of the sentences imposed on counts one and four, the applicant is sentenced to five years imprisonment to commence 21 May 1999, with a non-parole period of three years commencing on that day and ending on 20 May 2002.