Hurmz v R [2017] NSWCCA 235

Hurmz v R [2017] NSWCCA 235

The applicant did not establish that the drug supply sentence was unreasonable or plainly unjust. The offence involved a sophisticated and organised cocaine supply business over about six months, 2.4kg of cocaine, financial gain, use of a warehouse and telephones, runners, and the applicant's slightly elevated role. His prior drug offending, prior imprisonment, offending while on bail, absence of remorse, and extremely guarded prospects of rehabilitation supported the sentence. The sentencing judge's assessment of the offence as well into the middle range of objective seriousness was not shown to be erroneous, and comparable cases and statistics did not demonstrate manifest excess....

Jurisdiction
Australia
Judgment Date
04 October 2017
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal against both sentences was granted, but both appeals were dismissed.
Legal Topics
['supply of a Commercial Quantity of a Prohibited Drug' 'causing Grievous Bodily Harm With Intent to Cause Grievous Bodily Harm' 'manifest Excess' 'objective Seriousness' 'comparable Cases and Sentencing Statistics' 'guilty Plea Discount' 'offending While on Bail']
['criminal Law' 'sentencing' 'drug Offences' 'violence Offences'] ['supply of a Commercial Quantity of a Prohibited Drug' 'causing Grievous Bodily Harm With Intent to Cause Grievous Bodily Harm' 'manifest Excess' 'objective Seriousness' 'comparable Cases and Sentencing Statistics' 'guilty Plea Discount' 'offending While on Bail']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence of 9 years and 9 months with a non-parole period of 7 years and 3 months for supplying a commercial quantity of cocaine was manifestly excessive.' 'Whether the sentencing judge erred in assessing the drug supply offence as well into the middle range of objective seriousness.' 'Whether reference to financial gain, deliberate and persistent conduct, use of telephones, employees, and the organisation of the drug supply business impermissibly increased the assessment of objective seriousness.' 'Whether comparable cases and sentencing statistics demonstrated that the sentence was unreasonable or plainly unjust.' 'Whether the commencement date of the sentence for causing grievous bodily harm with intent should be varied if the drug supply sentence were varied.']

Ratio Decidendi

The applicant did not establish that the drug supply sentence was unreasonable or plainly unjust. The offence involved a sophisticated and organised cocaine supply business over about six months, 2.4kg of cocaine, financial gain, use of a warehouse and telephones, runners, and the applicant's slightly elevated role. His prior drug offending, prior imprisonment, offending while on bail, absence of remorse, and extremely guarded prospects of rehabilitation supported the sentence. The sentencing judge's assessment of the offence as well into the middle range of objective seriousness was not shown to be erroneous, and comparable cases and statistics did not demonstrate manifest excess....

Court Disposition

Leave to appeal against both sentences was granted, but both appeals were dismissed.

Orders

  • ['Leave to appeal against the sentence imposed on the applicant by Payne DCJ on 20 August 2015 for the offence of supplying a commercial quantity of a prohibited drug be granted.' 'Appeal dismissed.' 'Leave to appeal against the sentence imposed on the applicant by Williams DCJ on 27 May 2016 for the offence of...