SY v R [2020] NSWCCA 320

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: SY v R [2020] NSWCCA 320 Hearing dates: 16 November 2020 Date of orders: 8 December 2020 Decision date: 08 December 2020 Before: Hoeben CJ at CL; Price J; Fagan J Decision: 1 Leave to appeal against sentences granted. 2 Appeal upheld. 3 The aggregate sentence imposed by Grogin ADCJ on 27 February 2019 is quashed. 4 In lieu thereof the applicant is sentenced in respect of the four counts on the indictment dated 12 March 2018 to an aggregate term of 13 years and 2 months commencing on 17 June 2017 and expiring on 16 August 2030 with a non-parole period of 8 years and 10 months expiring on 16 April 2026. The applicant will be eligible for parole on 16 April 2026. Catchwords: CRIMINAL LAW – appeal against sentence – drug manufacture and supply – possession of firearms – whether applicant a principal in drug offences – whether drug offences exacerbated by firearms offences – whether trial judge erred in failing to discount for assistance by surrender of additional firearms – whether sentence should be backdated for remand solely in respect of unrelated matter – leave to appeal granted – applicant resentenced Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Firearms Act 1996 (NSW) Cases Cited: Hampton v R [2014] NSWCCA 131 JM v R [2008] NSWCCA 254 Khoury v R [2011] NSWCCA 118 Little v R [2018] NSWCCA 63 Luu v R [2008] NSWCCA 285 Niass v R (NSWCCA, 16 November 1988, unrep) R v AZ [2011] NSWCCA 43 R v Karageorge [1999] NSWCCA 213 R v MJM [2004] NSWCCA 66 R v Munday [1981] 2 NSWLR 177 R v Thalari [2009] NSWCCA 170 R v Willard [2001] NSWCCA 6 Refaieh v R [2018] NSWCCA 72 Springer v R [2007] 289 Category: Principal judgment Parties: SY (applicant) Regina (respondent) Representation: Counsel: M Thangaraj SC with S Pararajasingham (applicant) Ms Jeffreys (respondent)