Connell v R [2020] NSWCCA 352

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Connell v R [2020] NSWCCA 352 Hearing dates: 20 November 2020 Decision date: 21 December 2020 Before: Hoeben CJ at CL at [1]; Davies J at [54]; Fagan J at [55] Decision: (1) Appeal allowed. (2) The sentence imposed on the applicant by Priestley SC DCJ on 16 December 2019 is quashed. (3) In lieu thereof, the applicant is sentenced to imprisonment for 8 years, commencing 16 February 2019 and expiring 15 February 2027 with a non-parole period of 5 years and 2 months expiring 15 April 2024. Catchwords: CRIMINAL LAW – sentence appeal – supply large commercial quantity of MDA and possession of firearms – whether sentencing judge applied the early plea discount to the indicative sentences – ambiguity in sentencing judge's reasons amounting to error of law – appeal against sentence allowed – need to re-sentence. Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Firearms Act 1996 (NSW) Cases Cited: Berryman v R [2017] NSWCCA 297 Elsaj v R [2017] NSWCCA 124 Ibbotson (a pseudonym) v R [2020] NSWCCA 92 PG v R [2017] NSWCCA 179 (R v Andrew John Black; R v Rowan Alastair Connell [2019] NSWDC 756). R v Cahill [2015] NSWCCA 53 Sanchet v Director of Public Prosecutions (Cth) [2006] NSWCCA 291 Category: Principal judgment Parties: Rowan Alastair Connell – Applicant Regina – Respondent Representation: Counsel: J Brock – Applicant M Kumar – Respondent