Beal v R [2020] NSWCCA 357

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Beal v R [2020] NSWCCA 357 Hearing dates: 29 July 2020 Decision date: 22 December 2020 Before: Johnson J at [1]; N Adams J at [2]; Ierace J at [3] Decision: 1. Appeal allowed. 2. The sentence imposed by Judge Mottley on 23 August 2019 is quashed. 3. In lieu thereof, the appellant is sentenced to 3 years' imprisonment, commencing on 3 March 2019 and expiring on 2 March 2022 with a non-parole period of 1 year, 9 months and 3 weeks, expiring on 23 December 2020. Catchwords: CRIMINAL LAW – appeal against sentence – appeal from the Drug Court – s 5AF of the Criminal Appeal Act 1912 (NSW) – where submitted the Drug Court did not determine the initial sentence and final sentence in accordance with the manner required by statute – where submitted that appellant's background of social deprivation was not properly accounted for in sentencing – appeal allowed – appellant re-sentenced Legislation Cited: Criminal Appeal Act 1912 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Court Act 1998 (NSW) Interpretation Act 1987 (NSW) Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 R v Speechley (2012) 221 A Crim R 175; [2012] NSWCCA 130 Yeung v R [2018] NSWCCA 52 Texts Cited: Macquarie Dictionary (7th ed, 2017) New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 27 October 1998 at 9030 Category: Principal judgment Parties: Megan Beal (Appellant) Regina (Respondent) Representation: Counsel: Mr S Lawrence; Mr A Wilson (Appellant) Ms M Millward (Respondent)