Boikov v R [2021] NSWCCA 147

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Boikov v R [2021] NSWCCA 147 Hearing dates: 18 June 2021 Decision date: 05 July 2021 Before: McCallum JA at [1]; Rothman J at [2]; Wright J at [54] Decision: (1) Extension of time is granted to allow for the filing of the application for leave to appeal and the appeal; (2) Leave to appeal granted; (3) Appeal allowed; (4) Sentence imposed in the District Court on David Boikov on 9 August 2019 is quashed and, in lieu thereof, the applicant is sentenced to a non-parole period, being a term of imprisonment of 4 years and 8 months and 27 days, commencing 28 March 2017 and concluding 24 December 2021; with a remainder of term of 3 years and 3 months and 3 days, concluding 27 March 2025. The applicant will be first eligible for parole on 24 December 2021. Catchwords: CRIME – Appeal against sentence – failure to allow full utilitarian value for early plea of guilty – application of discount to aggregate sentence not indicative sentences – failure to specify non-parole period in indicative sentences that have a standard non-parole period – appeal allowed – applicant re-sentenced. Legislation Cited: Criminal Appeal Act 1912 (NSW) s 6 Crimes (Sentencing Procedure) Act 1999 (NSW) s 3A; s 54B Drug Misuse and Trafficking Act 1985 (NSW) s 25 Cases Cited: Aboud v The Queen [2021] NSWCCA 77; Barbaro v The Queen (2014) 253 CLR 58; [2014] HCA 2; Davis v R [2015] NSWCCA 90; GAS v The Queen (2004) 217 CLR 198; [2004] HCA 22; Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49; House v The King (1936) 55 CLR 499; [1936] HCA 40; Ibbotson (a pseudonym) v The Queen [2020] NSWCCA 92; Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37; R v Kilic (2016) 259 CLR 256; [2016] HCA; See v R [2020] NSWCCA 272; Thammavongsa v R (2015) 251 A Crim R 342; [2015] NSWCCA 107; Tuesley v R [2021] NSWCCA 58; Veen (No 2) (1988)164 CLR 465; [1988] HCA 14 Category: Principal judgment Parties: David Boikov (Applicant) Regina (Respondent) Representation: Counsel: H White (Applicant) K Jeffreys (Respondent)