Robson-Bolan v R [2022] NSWCCA 1

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Robson-Bolan v R [2022] NSWCCA 1 Hearing dates: 22 September 2021 Date of orders: 21 January 2022 Decision date: 21 January 2022 Before: Price J at [1]; Hamill J at [2]; Ierace J at [49] Decision: (1) Application for leave to appeal granted. (2) Appeal allowed. (3) Quash the sentences imposed in the District Court and in lieu thereof sentence the applicant as follows: (a) For the supply offence, the applicant is sentenced to imprisonment for a fixed term of nine months commencing 26 February 2020 and expiring 25 November 2020. (b) For the attempt to import offence, the applicant is sentenced to imprisonment for two years and three months commencing 26 August 2020 and expiring 25 November 2022. (c) Pursuant to s 20(1)(b) of the Crimes Act 1914 (Cth), upon giving security in the sum of $100, the applicant is to be released on a recognisance release order after one year and six months, that is, on 25 February 2022. Catchwords: CRIMINAL LAW - sentencing - totality - accumulation and concurrence - "notional" accumulation - two drug offences - where sentencing Judge referred to notional accumulation - where sentences wholly and actually accumulated - whether structure of sentence reflected Judge's stated intention - whether reasons adequate to explain extent of accumulation - opacity of language - error established - applicant re-sentenced Legislation Cited: Crimes Act 1914 (Cth), ss 16A, 16BA Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 53A(1), 45 Cases Cited: Burgess v R [2019] NSWCCA 13 Cahyadi v Regina [2007] NSWCCA 1 Hall v The Queen; Barker v The Queen [2017] ACTCA 16 JM v R [2014] NSWCCA 297 JT v R [2012] NSWCCA 133 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Kliendienst v R [2020] NSWCCA 98 Lee v R [2020] NSWCCA 244 Nguyen v The Queen (2016) 256 CLR 656; [2016] HCA 17 Noonan v R [2021] NSWCCA 35 R v Hammoud [2000] NSWCCA 540 R v MMK [2006] NSWCCA 272 R v Robson-Bolan [2021] NSWDC 48 R v XX [2009] NSWCCA 115 Vaughan v R [2020] NSWCCA 3 ZA v R [2017] NSWCCA 132 Category: Principal judgment Parties: Thomas Robson-Bolan (Applicant) Regina (Respondent) Representation: Counsel: S Howell (Applicant) P McEniery (Respondent)