Lower Court Judgment
17/12/2010 Supreme Court of New South Wales (Court of Criminal Appeal) (Allsop P, McClellan CJatCL, Hulme J, Latham J, McCallum J)
Catchwords
Criminal law — Sentencing — Applicants pleaded guilty to cultivation of large commercial quantity of cannabis — Crown appealed against inadequacy of applicants' sentences — Where no appeal instituted against sentence of another participant who pleaded guilty to taking part in supply of commercial quantity of cannabis — Where NSW Court of Criminal Appeal increased applicants' sentences — Whether sentence which at first instance achieves parity with sentence imposed on co-offender can be regarded as manifestly inadequate — Whether open to intermediate appellate court to increase sentence when increase will engender sentencing disparity — Drug Misuse and Trafficking Act 1985 (NSW), s23(2)(a); Criminal Appeal Act 1912 (NSW), s 5D; Crimes (Sentencing Procedure) Act 1999 (NSW), Div 1A.
08/04/2011 Hearing (SLA, Sydney)
19/04/2011 Notice of appeal
13/05/2011 Written submissions (Appellant)
13/05/2011 Chronology
03/06/2011 Written submissions (Respondent)
14/06/2011 Reply
24/06/2011 Hearing (Full Court, Canberra)
03/08/2011 Pronouncement of Orders (Reasons to be published later)
06/12/2011 Judgment (Judgment summary)
