Olivares v R [2021] NSWCCA 126

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Olivares v R [2021] NSWCCA 126 Hearing dates: 9 June 2021 Decision date: 23 June 2021 Before: McCallum JA at [1] N Adams J at [2] Cavanagh J at [3] Decision: (1) Allow the appeal. (2) Quash the sentence imposed in the District Court. (3) In lieu thereof sentence the appellant to a term of imprisonment of 11 years and 6 months with a non-parole period of 6 years and 11 months commencing on 4 July 2014 and expiring on 3 June 2021. (4) Direct that the appellant be released immediately. Catchwords: SENTENCING – Appeal against sentence – Commonwealth offences – trafficking a commercial quantity of controlled drugs – Xiao error – whether sentencing judge considered appellant's early guilty plea – discount for guilty plea – discount for assistance Legislation Cited: Crimes Act 1914 (Cth) Crimes (Appeal and Review) Act 2001 (NSW) Cases Cited: Application by Matias Eduardo Cicero Olivares pursuant to Part 7 of the Crimes (Appeal and Review) Act 2001 (NSW) [2021] NSWSC 96 Bae v R [2021] NSWSC 96 Barbaro v The Queen (2014) 253 CLR 58; [2014] HCA 2 Huang v R (2018) 332 FLR 158; [2018] NSWCCA 70 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Pham v The Queen (2015) 256 CLR 550; [2015] HCA 39 Category: Principal judgment Parties: Matias Eduardo Cicero Olivares (Applicant) Regina (Respondent) Representation: Counsel: T D Anderson (Applicant) R Rodger (Respondent)