Shannon v R [2022] NSWCCA 41

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Shannon v R [2022] NSWCCA 41 Hearing dates: 14 February 2022 Date of orders: 4 March 2022 Decision date: 04 March 2022 Before: Macfarlan JA at [1] Bellew J at [2] Dhanji J at [24] Decision: (1) The time for filing a notice of appeal for leave to appeal against sentence is extended to 14 February 2022. (2) Leave to appeal is granted. (3) The appeal is dismissed. (4) The Registrar is to forward a copy of this judgment to the applicant by pre-paid post. Catchwords: CRIMINAL LAW – Offences – Sentence – Appeal – Where applicant was arrested at a time when there were outstanding charges pending against him in the Local Court – Where the applicant was sentenced to a term of imprisonment in respect of those pending charges and served that sentence whilst awaiting sentence on other matters – Whether the failure of the sentencing judge to fully backdate the sentences amounted to a miscarriage of justice – Where applicant's solicitor acquiesced to the approach taken by the sentencing judge – Ground of appeal not established – Leave to appeal granted – Appeal dismissed CRIMINAL LAW – Offences – Sentence – Appeal – Where applicant sought to argue that his conditions of custody had been rendered more harsh as a consequence of the Covid pandemic and justified a reduction in sentence – Where applicant had been sentenced before the onset of the pandemic – Court unable to intervene where, after the time of sentence, an offender's conditions of custody are rendered more onerous because of the response of the prison authorities to the pandemic – Ground of appeal not established – Leave to appeal granted – Appeal dismissed Legislation Cited: Drug Misuse and Trafficking Act 1985 (NSW) Firearms Act 1996 (NSW) Cases Cited: Cabezuela v R [2020] NSWCCA 107 Cahyadi v R (2007) 168 A Crim R 41; [2007] NSWCCA 1 Connell v R [2019] NSWCCA 70 Director of Public Prosecutions (Cth) v Habkouk [2022] NSWSC 98 Director of Public Prosecutions (Cth) v Saadieh [2021] NSWSC 1186 Greenyer v R [2016] NSWCCA 272 R v Shannon [2019] NSWDC 942 Rakielbakhour v DPP [2020] NSWSC 323 Toller v R [2021] NSWCCA 204 Zreika v R [2012] 223 A Crim R 460; [2012] NSWCCA 44 Category: Principal judgment Parties: Kurt Patric Shannon – Applicant Regina – Respondent Representation: Counsel: Applicant self-represented E Wilkins – Respondent