Jones (a pseudonym) v R [2021] NSWCCA 106

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Jones (a pseudonym) v R [2021] NSWCCA 106 Hearing dates: 12 April 2021 Date of orders: 26 May 2021 Decision date: 26 May 2021 Before: Basten JA at [1]; Davies J at [2]; Button J at [78] Decision: (1) Grant leave to appeal. (2) Allow the appeal. (3) Quash the sentence imposed by Judge Colefax SC in the District Court on 7 February 2019. (4) In lieu, sentence the appellant to an aggregate sentence of seven years commencing 1 November 2017 and expiring 31 October 2024 with a non-parole period of four years and five months expiring 31 March 2022. Catchwords: APPEAL – criminal appeal – sentencing – firearms offences – discount for assistance – whether sentencing judge misled as to significance of assistance and risks incurred – alleged incompetence of counsel Legislation Cited: Crimes Act 1900 (NSW), s 193C Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 13 Crimes (Sentencing Procedure) Act 1999 (NSW), s 23 Firearms Act 1996 (NSW), ss 50A, 51, 74 Cases Cited: HT v The Queen [2019] HCA 40; (2019) 374 ALR 216 Hutchinson v R [2014] NSWCCA 317 Nauer v R [2020] NSWCCA 174 TKWJ v The Queen (2002) 212 CLR 124; [2002] HCA 46 Category: Principal judgment Parties: Jones (a pseudonym) (Applicant) Crown (Respondent) Representation: Counsel: L Fernandez (Applicant) K Jeffreys (Respondent)