Jones (a pseudonym) v R [2021] NSWCCA 225

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Jones (a pseudonym) v R [2021] NSWCCA 225 Hearing dates: 16 August 2021 Date of orders: 22 September 2021 Decision date: 22 September 2021 Before: McCallum JA and Hamill J at [1] Cavanagh J at [2] Decision: (1) Leave to appeal is granted. (2) The appeal is allowed. (3) The sentence imposed in the District Court is quashed. (4) The matter is remitted to the District Court for re-sentence pursuant to s 12(2) of the Criminal Appeal Act 1912 (NSW). Catchwords: CRIME – Appeals – Appeal against sentence – Denial of procedural fairness – Confidential information detailing applicant's assistance to the authorities provided to the Court by the Crown but not to the applicant's legal representatives – Application of HT v The Queen – Appeal allowed Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: HT v The Queen (2019) 93 ALJR 1307; [2019] HCA 40 R v Birks (1990) 19 NSWLR 677; (1990) 48 A Crim R 385 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1; [2003] HCA 6 Category: Principal judgment Parties: Bill Jones (a pseudonym) (Applicant) Regina (Respondent) Commissioner of New South Wales Police Force (Interested Party) Commissioner of South Australian Police Force (Interested Party) Representation: Counsel: G Lewer with D Mulligan (Applicant) E Balodis (Respondent)