Roy v R [2021] NSWCCA 247

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Roy v R [2021] NSWCCA 247 Hearing dates: 29 September 2021 Date of orders: 22 October 2021 Decision date: 22 October 2021 Before: Johnson J at [1] Fullerton J at [5] Dhanji J at [58] Decision: 1. Appeal allowed. 2. Quash the sentence imposed in the District Court on 12 June 2020 and in lieu thereof impose a sentence of imprisonment for 5 years and 9 months commencing on 22 July 2018 and expiring on 21 April 2024 with a non-parole period of 3 years and 3 months. The applicant will become eligible for release on parole upon the expiry of the non-parole period on 21 October 2021. Catchwords: CRIME — appeals — appeal against sentence — denial of procedural fairness — whether sentencing discretion miscarried due to failure of the applicant's legal representatives to bring to the sentencing judge's attention the assistance provided by the applicant to authorities — whether sentencing discount ought to have been applied Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Cases Cited: DL v The Queen (2018) 265 CLR 215; [2018] HCA 32 De Campos v R [2006] NSWCCA 51 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Khoury v R (2011) 209 A Crim R 509; [2011] NSWCCA 118 Macallister (a pseudonym) v R [2020] NSWCCA 306 R v Bourchas (2002) 133 A Crim R 413; [2002] NSWCCA 373 TKWJ v The Queen (2002) 212 CLR 124; [2002] HCA 46 ZZ v R [2019] NSWCCA 286 Category: Principal judgment Parties: Neildeep Roy (Applicant) The Crown (Respondent) Representation: Counsel: G Scragg (Applicant) C Curtis (Crown)