Boyd v R [2013] NSWCCA 52

Boyd v R [2013] NSWCCA 52

It was open to the jury, on the whole of the circumstantial evidence (even discounting disputed police testimony), to be satisfied beyond reasonable doubt that Boyd supplied the commercial quantity of a prohibited drug to Hobbs on 29 January 2009; however, the sentencing judge erred in setting the commencement date, and it should be corrected as agreed by the Crown.

Parties
Applicant: Dennis Boyd; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
07 March 2013
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Decision on Application for Leave to Appeal Against Conviction and Sentence
Outcome
Leave to appeal against conviction granted; appeal against conviction dismissed; leave to appeal against sentence granted; appeal against sentence allowed; commencement date of sentence adjusted.
Legal Topics
Appeal Against Conviction, Appeal Against Sentence, Drug Offences, Unreasonable Verdict, Credibility of Witnesses, Error in Sentence Commencement Date
Criminal Law Appeal Against Conviction Appeal Against Sentence Drug Offences Unreasonable Verdict Credibility of Witnesses Error in Sentence Commencement Date

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Parties

Dennis Boyd

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Court of Criminal Appeal Decision on Application for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the verdict of guilty was unreasonable or unsupported by evidence
  2. 2 Whether the credibility of key police witnesses undermined the conviction
  3. 3 Whether the sentencing judge erred in setting the commencement date for the sentence

Ratio Decidendi

It was open to the jury, on the whole of the circumstantial evidence (even discounting disputed police testimony), to be satisfied beyond reasonable doubt that Boyd supplied the commercial quantity of a prohibited drug to Hobbs on 29 January 2009; however, the sentencing judge erred in setting the commencement date, and it should be corrected as agreed by the Crown.

Court Disposition

Leave to appeal against conviction granted; appeal against conviction dismissed; leave to appeal against sentence granted; appeal against sentence allowed; commencement date of sentence adjusted.

Orders

  • Leave to appeal against conviction granted.
  • Appeal against conviction dismissed.