Prince v R [2020] NSWCCA 110

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Prince v R [2020] NSWCCA 110 Hearing dates: 17 April 2020 Date of orders: 04 June 2020 Decision date: 04 June 2020 Before: Bell P at [1] Davies J at [2] Button J at [100] Decision: (1) Leave to appeal granted.

(2) Appeal dismissed. Catchwords: CRIME – appeal – sentencing - drug offences - supply prohibited drug on ongoing basis – further count of ongoing supply on Form 1 – second count of knowingly direct activities of a criminal group – offences of supply prohibited drug and knowingly deal with proceeds of crime on second Form 1

SENTENCING - appeal - whether sentencing judge found ongoing supply offence was aggravated by being committed for financial reward - whether judge erred in determination of objective seriousness – whether sentencing judge took into account positive features of applicant's subjective circumstances - whether judge failed to deal in substance with question of likelihood of reoffending and rehabilitation – relationship between rehabilitation and likelihood of reoffending - issue of parity with co-offender – where co-offender's lower sentence reduced further after earlier appeal – where co-offender found to have minimal role in the drug supply – where co-offender charged only with drug supply – no justifiable sense of grievance - whether aggregate sentence manifestly excessive – reliance on statistics – where each ongoing supply offence exceeded the minimum number of supplies to constitute the offences - generous reduction of the non-parole period ­­by sentencing judge - sentence not manifestly excessive Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) ss21A, 93T Drugs Misuse and Trafficking Act 1985 (NSW) s 25A Cases Cited: Cahyadi v R (2007) 168 A Crim R 41 Hordern v R [2019] NSWCCA 210 Kay v R [2019] NSWCCA 275 Masters v R [2019] NSWCCA 233 Mulato v R [2006] NSWCCA 282 Newman v R [2018] NSWCCA 208 Obeid v R [2017] NSWCCA 221 Skocic v R [2014] NSWCCA 225 Zuffo v R [2017] NSWCCA 187 Texts Cited: Nil Category: Principal judgment Parties: Bianca Prince (Applicant) Crown (Respondent) Representation: Counsel: M C Ramage QC (Applicant) D Patch (Respondent)