R v Hanley [2001] NSWCCA 350

R v Hanley [2001] NSWCCA 350

Leave to appeal was granted but the appeal was dismissed because the findings that the applicant had the requisite knowledge of methylamphetamine manufacture and was primarily responsible for the manufacture were open on the evidence notwithstanding the sentencing judge's slip about the earlier conviction; the complaint about reliance on police opinion was unsound; and any failure to treat partial accumulation as special circumstances did not warrant intervention because the effective departure from the usual ratio was slight, the backdating of the sentences was lenient, and the sentences were correct having regard to the gravity of the offences.

Jurisdiction
Australia
Judgment Date
12 October 2001
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['manufacturing Methylamphetamine' 'supply of Methylamphetamine' 'large Commercial Quantity' 'repeat Offending' 'partially Cumulative Sentences' 'special Circumstances' 'severity Appeal']
['criminal Law' 'sentencing' 'drug Offences'] ['manufacturing Methylamphetamine' 'supply of Methylamphetamine' 'large Commercial Quantity' 'repeat Offending' 'partially Cumulative Sentences' 'special Circumstances' 'severity Appeal']

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in finding beyond reasonable doubt that the applicant and Craig Haeusler were primarily responsible for bringing about the manufacture of methylamphetamine.' "Whether the sentencing judge's mistaken reference to a previous conviction for manufacture of methylamphetamine affected the sentencing conclusion." 'Whether the sentencing judge erred in not finding special circumstances, including by reason of partial accumulation of sentences.' 'Whether the sentences imposed were excessive.']

Ratio Decidendi

Leave to appeal was granted but the appeal was dismissed because the findings that the applicant had the requisite knowledge of methylamphetamine manufacture and was primarily responsible for the manufacture were open on the evidence notwithstanding the sentencing judge's slip about the earlier conviction; the complaint about reliance on police opinion was unsound; and any failure to treat partial accumulation as special circumstances did not warrant intervention because the effective departure from the usual ratio was slight, the backdating of the sentences was lenient, and the sentences were correct having regard to the gravity of the offences.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal be granted.' 'The appeal be dismissed.']