DS v R [2014] NSWCCA 267

DS v R [2014] NSWCCA 267

The conviction appeal was dismissed because the elements of supplying prohibited drug and possessing precursor, while related, do not render the convictions inconsistent or lead to miscarriage of justice. The sentence appeal succeeded in part as the disparity between the appellant's sentence and those of more senior co-offenders was unjustified, failing to reflect comparatively less culpable role; accordingly, sentence was reduced to 14 years and 6 months imprisonment with a non-parole period of 9 years and 6 months, under special circumstances.

Parties
Appellant: DS; Respondent: Crown
Jurisdiction
Australia
Judgment Date
28 November 2014
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; leave to appeal against sentence granted; original sentence quashed; new sentence imposed
Legal Topics
Supplying Prohibited Drug, Possessing Precursor, Sentencing Delay, Parity Principle, Manifestly Excessive Sentence
Criminal Law Supplying Prohibited Drug Possessing Precursor Sentencing Delay Parity Principle Manifestly Excessive Sentence

Case Brief

Summary, issues, holding and outcome

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Parties

DS

Appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the elements for offence of supplying prohibited drug were contained in offence of possessing precursor where precursor and prohibited drug are the same
  2. 2 Whether sentencing judge failed to consider delay between commission of offence and sentencing
  3. 3 Whether the sentence breached the parity principle

Ratio Decidendi

The conviction appeal was dismissed because the elements of supplying prohibited drug and possessing precursor, while related, do not render the convictions inconsistent or lead to miscarriage of justice. The sentence appeal succeeded in part as the disparity between the appellant's sentence and those of more senior co-offenders was unjustified, failing to reflect comparatively less culpable role; accordingly, sentence was reduced to 14 years and 6 months imprisonment with a non-parole period of 9 years and 6 months, under special circumstances.

Court Disposition

Appeal against conviction dismissed; leave to appeal against sentence granted; original sentence quashed; new sentence imposed

Orders

  • Appeal against conviction dismissed
  • Grant leave to appeal against sentence