Barry v R [2021] NSWCCA 209

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Barry v R [2021] NSWCCA 209 Hearing dates: 28 July 2021 Date of orders: 3 September 2021 Decision date: 03 September 2021 Before: Macfarlan JA at [1] Davies J at [2] Beech-Jones J at [3] Decision: (1) Leave to appeal against sentence granted. (2) Appeal dismissed. (3) Any application by either party for an order under the Court Suppression and Non-Publication Orders Act 2010 in respect of any part of this judgment to be filed and served within 14 days. Catchwords: SENTENCING – possession of firearms and ammunition – receipt of stolen goods – possession of stolen motor vehicle – pervert course of justice – aggregate sentence – whether sentencing judge erred in concluding applicant was on a bond at time of offending – bail conditions as quasi custody – whether form 1 offence of not stop in police pursuit should have been charged as lesser offence – post sentence assault in custody – effect of pandemic restrictions – comparable cases – whether sentence manifestly excessive – leave to appeal granted but appeal dismissed. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Firearms Act Cases Cited: Betts v R (2016) 258 CLR 240; [2016] HCA 25 Frionov v R [2018] NSWCCA 267 Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45 Hoang v R [2020] NSWCCA 324 House v R (1936) 155 CLR 499 Johnston v R [2019] NSWCCA 108 Kelly v R (2018) NSWCCA 44 Lee v R [2020] NSWCCA 244 R v Campbell; R v Smith [2019] NSWCCA 1 R v Hommoud (2000) 118 A Crim R 66 R v Lachlan [2015] NSWCCA 178 R v Middlebrook [2004] NSWCCA 49 R v Munday (19821) 2 NSWLR 177 Small v R [2018] NSWCCA 290 Springer v R (2007) NSWCCA 289 Taylor v R [2013] NSWCCA 157 Taylor v R [2018] NSWCCA 50 Toller v R [2021] NSWCCA 204 Turkmani v R [2014] NSWCCA 186; 244 A Crim R 402 R v Webb [2004] NSWCCA 330 Zreika v R [2012] NSWCCA 44 Category: Principal judgment Parties: Justin Johann Barry (Applicant) Regina (Crown) Representation: Counsel: In person (Applicant) Ms C Dodds (Crown)