Dale v R [2021] NSWCCA 320

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Dale v R [2021] NSWCCA 320 Hearing dates: 10 December 2021 Date of orders: 22 December 2021 Decision date: 22 December 2021 Before: Basten JA at [1]; Davies J at [49]; Button J at [50] Decision: (1) Grant the applicant leave to appeal against the sentence imposed on her in the District Court on 1 April 2021. (2) Dismiss the appeal. Catchwords: CRIME – appeal and review – further offences taken into account – offences listed on a Form 1 – procedural irregularities – Form 1 not signed by the Director of Public Prosecutions – Form 1 failed to identify which principal offence the further offences were in respect of – failure of trial judge to directly ask the offender if she wanted the further offences to be taken into account – no evidence of prejudice to offender Legislation Cited: Crimes Act 1914 (Cth), s 16BA Crimes Act 1900 (NSW), s 93T Crimes (Sentencing Procedure) Act 1999 (NSW), ss 32, 33, 35, 53A; Pt 3, Div 3 Criminal Procedure Act 1986 (NSW), s 182 Drug Misuse and Trafficking Act 1985 (NSW), s 25A Crimes (Sentencing Procedure) Regulation 2000 (NSW), cl 5 Crimes (Sentencing Procedure) Regulation 2017, cl 4 Cases Cited: Kabir v R [2020] NSWCCA 139 LS v R [2020] NSWCCA 27 Pham v R 2021] NSWCCA 234 Purves v R [2019] NSWCCA 227 R v Felton [2002] NSWCCA 443; 135 A Crim R 328 Spence v Queensland (2019) 268 CLR 355; [2019] HCA 15 Category: Principal judgment Parties: Shasta Ann Dale (Applicant) Regina (Respondent) Representation: Counsel: R Khalilizadeh (Applicant) B Hatfield (Respondent)