A v R [2020] NSWCCA 145

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: A v R [2020] NSWCCA 145 Hearing dates: 17 February 2020 14 April 2020 – Written Submissions Date of orders: 1 July 2020 Decision date: 01 July 2020 Before: Johnson J at [1]; Price J at [2]; Davies J at [147] Decision: (1) Leave to appeal granted. (2) Appeal against sentence allowed. (3) Direct the Registrar of the District Court at Parramatta to amend the Court's record to correctly reflect the sentence imposed in the District Court of New South Wales on 6 March 2019. (4) The sentence imposed in the District Court of New South Wales on 6 March 2019 is quashed. (5) In lieu thereof, A is sentenced to 11 years 3 months imprisonment consisting of a non-parole period of 7 years 11 months, commencing on 22 June 2016 and expiring on 21 May 2024, with a balance of term of 3 years 4 months which will expire on 21 September 2027. The applicant will be eligible to be released on parole on 21 May 2024 Catchwords: CRIME – Appeals – Appeal against aggregate sentence – prohibited drug offences including not less than large commercial quantity of methylamphetamine – whether error in District Court record was an error in sentence – whether misstatement of facts had the capacity to affect the sentence – whether error in assessing the objective seriousness of the supply of the large commercial quantity of methylamphetamine – whether error in failing to give a sentencing discount for past assistance to police – whether error in determining special circumstances – whether marked disparity with sentences imposed on co-offenders – re-sentence – indicative sentences – aggregate sentence imposed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) ss 23, 43, 53A Crimes Act 1900 (NSW) s 93T Criminal Appeal Act 1912 (NSW) ss 5, 6 Drug Misuse and Trafficking Act 1985 (NSW) s 25 Cases Cited: Baxter v The Queen [2007] NSWCCA 337; (2007) 173 A Crim R 284 BJS v R [2013] NSWCCA 123 Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49 House v The King (1936) 55 CLR 499; [1936] HCA 40 JM v R [2014] NSWCCA 297 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 LB v R [2013] NSWCCA 70 Lees v R [2019] NSWCCA 65 Mulato v R [2006] NSWCCA 282 Newman (a pseudonym) v R [2019] NSWCCA 157 Paxton v R [2011] NSWCCA 242; (2011) A Crim R 104 PD v R [2012] NSWCCA 244 Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26 R v Cramp [2004] NSWCCA 264 R v XX [2017] NSWCCA 90 R v Ilbay [2000] NSWCCA 251 R v Kollas and Mitchell [2002] NSWCCA 491 Roberts (a pseudonym) v R [2019] NSWCCA 102 The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54 Thomas v R [2019] NSWCCA 88 Texts Cited: --- Category: Principal judgment Parties: A (Applicant) Regina (Respondent) Representation: Counsel: Mr S J Odgers SC (Applicant) Ms E Wilkins SC (Respondent)