Griffiths v R [2021] NSWCCA 226

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Griffiths v R [2021] NSWCCA 226 Hearing dates: 23 August 2021 Date of orders: 24 September 2021 Decision date: 24 September 2021 Before: Payne JA; Garling J; Wright J Decision: (1) The applicant is granted leave to appeal on ground 1; (2) The appeal is allowed; (3) The orders made by Ellis DCJ on 31 October 2018 are quashed and in lieu thereof the offender is sentenced as follows: (a) an aggregate sentence of 10 years and 8 months is imposed, to date from 21 December 2016, expiring on 20 August 2027; (b) a non parole period of 5 years and 8 months is imposed, expiring on 20 August 2022; (c) the following indicative sentences are identified: (i) count 1: 3 years 9 months, with a non-parole period of 2 years 3 months; (ii) count 2: 6 years 9 months, with a non-parole period of 4 years; (iii) count 3: 7 years 6 months, with a non-parole period of 4 years; (iv) count 4: 9 years, with a non-parole period of 4 years and 4 months. Catchwords: CRIME — appeals — appeal against sentence — application for leave to appeal — whether irrelevant consideration taken into account — whether sentence was erroneously determined by reference to co-offender's sentence CRIME — drug offences — supply prohibited drug — commercial quantity Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 5, 53A Criminal Appeal Act 1912 (NSW), s 5 Drugs Misuse and Trafficking Act 1985 (NSW), ss 10, 24, 25, 25A, 36Z Cases Cited: Baladjam v R [2018] NSWCCA 304; (2018) 341 FLR 162 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 DL v The Queen (2018) 265 CLR 215; [2018] HCA 32 Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Parente v R (2017) 96 NSWLR 633; [2017] NSWCCA 284 Pearce v The Queen (1998) 194 CLR 610; [1998] HCA 57 Robinson v R [2012] NSWCCA 26 Category: Principal judgment Parties: Kirt Wayne Griffiths (Applicant) Regina (Respondent) Representation: Counsel: I Nash (Applicant) E Wilkins SC (Respondent)