HEROD v R [2010] NSWCCA 17

HEROD v R [2010] NSWCCA 17

The appeal against sentence failed because the sentencing judge was entitled to treat the Applicant as an active participant in a joint criminal enterprise whose assistance by providing premises and benefiting from the drug supply was important, and was entitled to impose the same punishment as that imposed on Ms Mitchell for the relevant offences. The sentencing statistics relied on by the Applicant were of limited assistance and, at most, showed that the sentence imposed for the first count was within the range of sentences imposed for offences of the same nature.

Jurisdiction
Australia
Judgment Date
22 February 2010
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Decision on Leave and Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['drug Supply' 'proceeds of Crime' 'unregistered Firearms' 'joint Criminal Enterprise' 'parity in Sentencing' 'sentence Statistics']
['criminal Law' 'sentencing'] ['drug Supply' 'proceeds of Crime' 'unregistered Firearms' 'joint Criminal Enterprise' 'parity in Sentencing' 'sentence Statistics']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Decision on Leave and Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge erred by overstating the Applicant's role in the ongoing supply of methylamphetamine." "Whether the Applicant's role required lesser sentences than those imposed on Ms Mitchell." 'Whether Judicial Commission statistics showed that the sentence for being knowingly concerned in supply was excessive.']

Ratio Decidendi

The appeal against sentence failed because the sentencing judge was entitled to treat the Applicant as an active participant in a joint criminal enterprise whose assistance by providing premises and benefiting from the drug supply was important, and was entitled to impose the same punishment as that imposed on Ms Mitchell for the relevant offences. The sentencing statistics relied on by the Applicant were of limited assistance and, at most, showed that the sentence imposed for the first count was within the range of sentences imposed for offences of the same nature.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']