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Quinn v. The Queen

Case No. S143/2011
Related cases

S146/2011 – Green v. The Queen

Case information

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)

[2010] NSWCCA 313

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.

Short Particulars

Documents

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)