Woods v R [2020] NSWCCA 219

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Woods v R [2020] NSWCCA 219 Hearing dates: 22 July 2020 Date of orders: 28 August 2020 Decision date: 28 August 2020 Before: Bathurst CJ at [1]; Garling J at [2]; Wright J at [3] Decision: (1) The applicant has leave to appeal. (2) The appeal is allowed. (3) The sentences imposed by the District Court on 17 June 2019 are quashed. (4) The applicant is sentenced as follows:

(a) for sequences 1 and 20, an aggregate sentence of imprisonment for 6 years commencing on 27 July 2017 and expiring on 26 July 2023 with a non-parole period of 4 years expiring on 26 July 2021; and

(b) for sequences 12 (taking into account sequence 11 on a Form 1), 22 and 26, an aggregate sentence of imprisonment for 4 years 6 months commencing on 27 April 2019 and expiring on 26 October 2023 with a non-parole period of 2 years 6 months expiring on 26 October 2021. Catchwords: CRIMINAL LAW – Sentencing – Appeal against sentence – Multiple federal and state offences – Finding of special circumstances in relation to the aggregate sentence for the state offences – Accumulation of federal and state sentences – Whether finding of special circumstances given practical effect in the sentence structure after accumulation – Appeal against sentences allowed and sentences quashed – Applicant resentenced Legislation Cited: Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Criminal Code Act 1995 (Cth) Drug Misuse and Trafficking Act 1985 (NSW) Judiciary Act 1903 (Cth) Cases Cited: Bugmy v The Queen (1990) 169 CLR 525; [1990] HCA 18 Caristo v R [2011] NSWCCA 7 Director of Public Prosecutions (Cth) v Beattie [2017] NSWCCA 301; (2017) 270 A Crim R 556 DL v The Queen (2018) 265 CLR 215; [2018] HCA 32 Fina'i v R [2006] NSWCCA 134 Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Maglis v R [2010] NSWCCA 247 MD v R [2015] NSWCCA 37 Putland v The Queen (2004) 218 CLR 174; [2004] HCA 8 R v LWP [2003] NSWCCA 215 R v Sutton [2004] NSWCCA 225 Category: Principal judgment Parties: Christopher Woods (Applicant) Regina (Respondent) Representation: Counsel: A Chhabra (Applicant) D Beaufils (Respondent)