R v Calcutt [2012] NSWCCA 40

R v Calcutt [2012] NSWCCA 40

No lesser sentence than that imposed by the sentencing judge is warranted in law as the objective seriousness, quantity of drugs, and applicant's role justify the sentence imposed, and Form 1 offences properly increased criminality.

Parties
Applicant: Ryan Ashley Calcutt; Respondent: Regina; Applicant: Matouk Joyner Lawyers; Respondent: S Kavanagh, Solicitor for Public Prosecutions
Jurisdiction
Australia
Judgment Date
23 March 2012
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal against sentence allowed; appeal dismissed.
Legal Topics
Sentencing, Drug Offences, Form 1 Offences, Standard Non Parole Period
Criminal Law Sentencing Drug Offences Form 1 Offences Standard Non Parole Period

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Parties

Ryan Ashley Calcutt

Applicant

Regina

Respondent

Matouk Joyner Lawyers

Applicant

S Kavanagh, Solicitor for Public Prosecutions

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether lesser sentence than imposed is warranted in law
  2. 2 Application of Form 1 offences in sentencing
  3. 3 Significance of the quantity of drugs in sentencing

Ratio Decidendi

No lesser sentence than that imposed by the sentencing judge is warranted in law as the objective seriousness, quantity of drugs, and applicant's role justify the sentence imposed, and Form 1 offences properly increased criminality.

Court Disposition

Leave to appeal against sentence allowed; appeal dismissed.

Orders

  • Leave to appeal against sentence allowed.
  • Appeal dismissed.