Kahler v R (Cth) [2021] NSWCCA 40

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Kahler v R (Cth) [2021] NSWCCA 40 Hearing dates: 23 November 2020 Decision date: 18 March 2021 Before: Hoeben CJ at CL at [1]; Bellew J at [66]; Wright J at [67] Decision: (1) Leave to allow an extension of time within which to seek leave to appeal against sentence is refused. (2) An extension of time within which to bring an application for leave to appeal against sentence having been refused, the application for leave to appeal against sentence is dismissed. Catchwords: CRIMINAL LAW – sentence appeal – supply a commercial quantity of a prohibited drug contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW) and import a marketable quantity of a border controlled drug contrary to s 307.2(1) of the Criminal Code (Cth) – pleas of guilty – sentence of 8 years and 9 months with a non-parole period of 6 years – whether sentencing judge took into account lack of prior relevant criminal antecedents and prior good character – whether the sentence imposed for the importation offence was manifestly excessive – grounds of appeal not made out – application for leave to appeal against sentence is dismissed. Legislation Cited: Crimes Act 1900 (NSW) Crimes Act 1914 (Cth) Criminal Appeal Act 1912 (NSW) Criminal Appeal Rules (NSW) Criminal Code (Cth) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: AB v The Queen (1999) 198 CLR 111; [1999] HCA 46 Aslan v R [2014] NSWCCA 114 Barbaro v The Queen; Zirilli v The Queen (2014) 253 CLR 58; [2014] HCA 2 BG v R [2020] NSWCCA 295 Crump v R [2016] NSWCCA 2 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Gwardys v R [2019] NSWCCA 62 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Klomfar v R [2019] NSWCCA 61 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Moodie v R [2020] NSWCCA 160 Mulato v Regina [2006] NSWCCA 282 Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221 R v Carr (2002) 135 A Crim R 171; [2002] NSWCCA 434 Ryan v The Queen (2001) 206 CLR 267; [2001] HCA 21 Smith v R [2020] NSWCCA 181 The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54 Vandeventer v R [2013] NSWCCA 33 Wright v R [2019] NSWCCA 134 Category: Principal judgment Parties: Tyren Andrew Kahler – Applicant Regina (Cth) – Respondent Crown Representation: Counsel: I McLachlan – Applicant P McEniery – Respondent Crown