Greentree v R [2018] NSWCCA 227

Greentree v R [2018] NSWCCA 227

The sentencing judge did not err by characterising the applicant's provision of equipment and chemicals as involvement in the manufacturing process, nor by failing to repeat the caveat about pseudoephedrine or ephedrine, and did not fail to comply with s 23(2). However, the judge sentenced count 1 on the mistaken basis that the large commercial quantity for methylamphetamine was 500 grams when, at the time of the offence, it was one kilogram. That material misapprehension meant the judge acted on a wrong principle and the sentencing discretion miscarried. The Court therefore granted leave, allowed the appeal, set aside the District Court sentence and resentenced the applicant to an...

Jurisdiction
Australia
Judgment Date
17 October 2018
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against an Aggregate Sentence Imposed in the District Court; Resentencing After Error Established
Outcome
Application for leave to appeal granted; appeal allowed; sentence imposed by Buscombe DCJ on 7 December 2016 set aside; applicant resentenced.
Legal Topics
['aggregate Sentence' 'objective Seriousness' 'large Commercial Quantity of Methylamphetamine' 'assistance to Law Enforcement Authorities' 'discount for Guilty Plea' 'special Circumstances' 'family Hardship' 'further Evidence on Appeal']
['criminal Law' 'sentencing' 'drug Offences' 'firearms Offences'] ['aggregate Sentence' 'objective Seriousness' 'large Commercial Quantity of Methylamphetamine' 'assistance to Law Enforcement Authorities' 'discount for Guilty Plea' 'special Circumstances' 'family Hardship' 'further Evidence on Appeal']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against an Aggregate Sentence Imposed in the District Court; Resentencing After Error Established

Legal Issues

  1. 1 ['Whether the sentencing judge erred in assessing the objective seriousness of count 1 by treating the applicant as involved in a previous manufacturing process.' 'Whether the sentencing judge erred by failing to take into account that production of methylamphetamine depended on obtaining a suitable quantity of pseudoephedrine or ephedrine.' 'Whether the sentencing judge erred by treating the large commercial quantity threshold for methylamphetamine as 500 grams rather than one kilogram at the time of the offence.' 'Whether the sentencing judge failed properly to consider the factors in s 23(2) of the Crimes (Sentencing Procedure) Act 1999 concerning assistance to law enforcement authorities.' "Whether further evidence concerning the applicant's family circumstances should be received and considered on resentencing."]

Ratio Decidendi

The sentencing judge did not err by characterising the applicant's provision of equipment and chemicals as involvement in the manufacturing process, nor by failing to repeat the caveat about pseudoephedrine or ephedrine, and did not fail to comply with s 23(2). However, the judge sentenced count 1 on the mistaken basis that the large commercial quantity for methylamphetamine was 500 grams when, at the time of the offence, it was one kilogram. That material misapprehension meant the judge acted on a wrong principle and the sentencing discretion miscarried. The Court therefore granted leave, allowed the appeal, set aside the District Court sentence and resentenced the applicant to an...

Court Disposition

Application for leave to appeal granted; appeal allowed; sentence imposed by Buscombe DCJ on 7 December 2016 set aside; applicant resentenced.

Orders

  • ['The application for leave to appeal be granted.' 'The appeal be allowed.' 'Set aside the sentence imposed by Buscombe DCJ on 7 December 2016.' "Impose an aggregate sentence of eight years' imprisonment to commence on 8 April 2016 and expire on 7 April 2024." 'Pursuant to s 44(2A) of the Crimes (Sentencing...