Estevez v R [2020] NSWCCA 184

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Estevez v R [2020] NSWCCA 184 Hearing dates: 16 June 2020 Date of orders: 31 July 2020 Decision date: 31 July 2020 Before: Johnson J at [1]; Wright J at [2]; Wilson J at [60] Decision: (1) Extend the time for the filing of the notice of application for leave to appeal to 20 April 2020. (2) Grant the applicant leave to appeal against sentence. (3) Allow the appeal against sentence. (4) Quash the sentence imposed by the District Court on 31 October 2017. (5) Sentence the applicant to a term of imprisonment of 7 years commencing on 10 November 2016 and expiring on 9 November 2023 with a non-parole period of 4 years 8 months expiring on 9 July 2021. Catchwords: CRIMINAL LAW – Sentencing – Appeal against sentence – Where sentence occurred prior to Xiao decision and consequently sentencing judge failed to have regard to utilitarian value of guilty plea – Error in calculation of sentence – Errors conceded – Appeal against sentence allowed – Resentence with 33⅓% discount for plea of guilty and past assistance to law enforcement agencies Legislation Cited: Criminal Appeal Act 1912 (NSW) Criminal Code Act 1995 (Cth) Crimes Act 1914 (Cth) Cases Cited: Bae v R [2020] NSWCCA 35 DL v The Queen (2018) 265 CLR 215; [2018] HCA 32 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 R v Barrientos [1999] NSWCCA 1 R v El Hani [2004] NSWCCA 162 R v Vo; R v Tran [2006] NSWCCA 165 Xiao v R (2018) 96 NSWLR 1; [2018] NSWCCA 4 Category: Principal judgment Parties: Dennis Jose Estevez (Applicant) Regina (Crown) Representation: Counsel: N Steel (Applicant) R Ranken (Crown)