Mori v R [2021] NSWCCA 32

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Mori v R [2021] NSWCCA 32 Hearing dates: 4 June 2020 Decision date: 10 March 2021 Before: Johnson J at [1]; Davies J at [2]; Ierace J at [3] Decision: (1) Extend time for the filing of the notice of appeal to 5 November 2019. (2) Grant leave to appeal. (3) Appeal dismissed. Catchwords: CRIME – Appeals – Appeal against sentence – Extension of time in which to appeal – Whether sentencing judge erred in assessment of objective seriousness of offence – Whether sentencing judge erred by giving inadequate discount for guilty plea – Whether applicant's legal representation in sentencing court incompetent – Drug offences – Manufacture prohibited drug – Large commercial quantity – Supply prohibited drug – Deemed supply – Possess prohibited drug precursor Legislation Cited: Drug Misuse and Trafficking Act 1985 (NSW), ss 24, 24A, 25, Sch 1 Drug Misuse and Trafficking Regulation 2011 (NSW), Sch 1 Cases Cited: Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 R v Borkowski (2009) 195 A Crim R 1; [2009] NSWCCA 102 R v Olbrich (1999) 199 CLR 270; [1999] HCA 54 TKWJ v The Queen (2002) 212 CLR 124; [2002] HCA 46 Category: Principal judgment Parties: Michael Kenji Mori (Applicant) Regina (Respondent) Representation: Counsel: In person (Applicant) E Wilkins SC (Respondent)

Solicitors: Solicitor for Public Prosecutions (Respondent) File Number(s): 2015/20214 Decision under appeal Court or tribunal: District Court Date of Decision: 24 July 2017 Before: Ellis DCJ File Number(s): 2015/20214