Shipman v R [2016] NSWCCA 83

Shipman v R [2016] NSWCCA 83

Leave was refused because the sentencing judge's assessment of the methylamphetamine offence as mid-range was open having regard to the total amount supplied, the applicant's role as a principal, the organised and commercial nature of the enterprise and repeated supplies over time; the judge considered the criminality of each offence discretely; and the judge approached the cocaine and cannabis counts on the basis that only indictable quantities were established.

Jurisdiction
Australia
Judgment Date
09 May 2016
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Aggregate Sentence From the District Court
Outcome
Leave to appeal against sentence refused.
Legal Topics
['appeal Against Sentence' 'drug Supply Offences' 'firearm Offences' 'objective Seriousness' 'aggregate Sentence' 'leave to Appeal']
['criminal Law' 'sentencing'] ['appeal Against Sentence' 'drug Supply Offences' 'firearm Offences' 'objective Seriousness' 'aggregate Sentence' 'leave to Appeal']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Aggregate Sentence From the District Court

Legal Issues

  1. 1 ['Whether the sentencing judge erred in finding the objective criminality of count 1, supply commercial quantity of methylamphetamine, to be in the mid-range of seriousness.' 'Whether the sentencing judge wrongly took into account the supply of cocaine and cannabis when assessing the objective criminality of the methylamphetamine supply offence.' 'Whether the sentencing judge was obliged to treat the amounts supplied for counts 2 and 3 as the statutory minimum quantities.']

Ratio Decidendi

Leave was refused because the sentencing judge's assessment of the methylamphetamine offence as mid-range was open having regard to the total amount supplied, the applicant's role as a principal, the organised and commercial nature of the enterprise and repeated supplies over time; the judge considered the criminality of each offence discretely; and the judge approached the cocaine and cannabis counts on the basis that only indictable quantities were established.

Court Disposition

Leave to appeal against sentence refused.

Orders

  • ['Leave to appeal against sentence refused.']