Facenfield v R [2021] NSWCCA 128

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Facenfield v R [2021] NSWCCA 128 Hearing dates: 31 May 2021 Decision date: 23 June 2021 Before: Harrison J at [1] Beech-Jones J at [2] Cavanagh J at [3] Decision: (1) Leave to appeal is granted. (2) The appeal is allowed. (3) The sentence imposed in the District Court is quashed. (4) In lieu thereof, the applicant is sentenced to 3 years and 9 months imprisonment commencing on 30 July 2019 and expiring on 29 April 2023. (5) I specify a non-parole period of 23 months commencing on 30 July 2019 and ending on 29 June 2021. The earliest the applicant will be eligible for release will be 29 June 2021. Catchwords: SENTENCING — Appeal against sentence — appeal on sentence from Drug Court — property and drug offences — indicative sentence did not discount for appellant's guilty plea — sentencing discretion exercised afresh — leave to appeal granted — appeal allowed Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Court Act 1998 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: A v R [2020] NSWCCA 145 Cahyadi v R (2007) 168 A Crim R 41; [2007] NSWCCA 1 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Newman (a pseudonym) v R [2019] NSWCCA 157 R v Thomson; R v Houlton (2000) 14 NSWLR 374; [2000] NSWCCA 309 Rizk v R [2020] NSWCCA 291 Category: Principal judgment Parties: Damien Facenfield (Applicant) Regina (Respondent) Representation: Counsel: S Fraser (Applicant) S Traynor (Respondent)