R v Crombie [1999] NSWCCA 297

R v Crombie [1999] NSWCCA 297

Although no error of principle was shown in the sentencing judge's treatment of the seriousness of heroin supply, the applicant's status as an active street dealer, the Form 1 matters, or special circumstances, the sentence was manifestly excessive because insufficient allowance was made for the fact that the case could properly have been prosecuted in the Local Court, particularly where the applicant was aged thirty-nine, making some attempt at rehabilitation, and facing a first term of imprisonment.

Jurisdiction
Australia
Judgment Date
15 September 1999
Procedural Posture
Criminal Appeal Against Sentence for Drug Supply Offences / Application for Leave to Appeal and Appeal in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal allowed; sentence varied.
Legal Topics
['manifest Excess' 'supply of Heroin' 'summary Disposition in Local Court' 'election to Proceed on Indictment' 'form 1 Offences' 'minimum and Additional Terms' 'parole']
['criminal Law' 'sentencing' 'drug Offences'] ['manifest Excess' 'supply of Heroin' 'summary Disposition in Local Court' 'election to Proceed on Indictment' 'form 1 Offences' 'minimum and Additional Terms' 'parole']

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Procedural Posture

Criminal Appeal Against Sentence for Drug Supply Offences / Application for Leave to Appeal and Appeal in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentence imposed for supply of heroin was manifestly excessive.' 'Whether sufficient allowance was made for the circumstance that the offence could properly have been prosecuted summarily in the Local Court.' "Whether the sentencing judge erred in dealing with the relevance of the prosecuting authority's election to proceed in the District Court."]

Ratio Decidendi

Although no error of principle was shown in the sentencing judge's treatment of the seriousness of heroin supply, the applicant's status as an active street dealer, the Form 1 matters, or special circumstances, the sentence was manifestly excessive because insufficient allowance was made for the fact that the case could properly have been prosecuted in the Local Court, particularly where the applicant was aged thirty-nine, making some attempt at rehabilitation, and facing a first term of imprisonment.

Court Disposition

Leave to appeal granted; appeal allowed; sentence varied.

Orders

  • ['The applicant be sentenced, taking into account the matters on the Form 1, to a minimum term of penal servitude for one and a half years to commence from 15 September 1998 and to expire on 15 March 2000.' 'The applicant be sentenced to an additional term of one year to commence on 15 March 2000 and to expire on 14...