Cutajar v R [2020] NSWCCA 273

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Cutajar v R [2020] NSWCCA 273 Hearing dates: 31 August 2020 Date of orders: 23 October 2020 Decision date: 23 October 2020 Before: Hoeben CJ at CL at [1] Button J at [2] N Adams J at [3] Decision: (1) Grant an extension of time to appeal. (2) Grant leave to appeal. (3) Dismiss appeal. Catchwords: CRIMINAL LAW – sentence appeal – manufacturing not less than commercial quantity of methylamphetamine – additional offence on a Form 1 – applicant owner of property where manufacture took place – parity with sentence of co-offender – whether applicant had a justifiable sense of grievance – applicant's rehabilitation efforts – remorse – subjective circumstances Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 32 Criminal Appeal Act 1912 (NSW), s 5(1) Drug Misuse and Trafficking Act 1985 (NSW), s 24(2) Firearms Act 1996 (NSW), s 7(1) Cases Cited: Dungay v R [2020] NSWCCA 209 Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49 Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46 Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26 Category: Principal judgment Parties: Frank Cutajar (Applicant) Crown (Respondent) Representation: Counsel: Mr I Nash Mr D Patch

Solicitors: Legal Aid Commission of New South Wales (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2015/00245497 Decision under appeal Court or tribunal: District Court Date of Decision: 23 June 2017 Before: Madgwick ADCJ File Number(s): 2015/00245497