B v R [2022] NSWCCA 102

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: B v R [2022] NSWCCA 102 Hearing dates: 21 March 2022 Date of orders: 25 May 2022 Decision date: 25 May 2022 Before: Beech-Jones CJ at CL [1]; Price J at [2]; N Adams J at [108] Decision: 1.Extend time for leave to appeal against the sentence. 2.Leave to appeal against sentence is allowed. 3.The sentence imposed for the sequence 2 offence in the District Court on 12 June 2020 is quashed. 4.In lieu thereof, the applicant is sentenced to a term of imprisonment with a non-parole period of 3 years and 6 months commencing on 15 June 2018 and expiring on 14 December 2021, with a balance of term of 1 year and 5 months expiring on 14 May 2023. 5.Confirm the sentence of imprisonment imposed in the District Court on 12 June 2020 for sequence 3 except for the commencement date. The non-parole period of 3 years and 2 months is to commence on 15 October 2019 and is to expire on 14 December 2022, with the balance of term of 2 years and 1 month expiring on 14 January 2025. Catchwords: CRIMINAL LAW – sentence appeal – whether parity principle applied – whether offenders were co-offenders in a common criminal enterprise – whether there was a marked disparity – justifiable sense of grievance – applicant re-sentenced Legislation Cited: Drug Misuse and Trafficking Act 1985 (NSW), s 25(2) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A(2)(n), 21A(3) Cases Cited: Elias v The Queen; Issa v The Queen [2013] HCA 31; 248 CLR 483 Green v The Queen; Quinn v The Queen [2011] HCA 49; (2011) 244 CLR 462; 86 ALJR 36; 283 ALR 1; 214 A Crim R 152 Jimmy v R [2010] NSWCCA 60; (2010) 77 NSWLR 540; 269 ALR 115; 240 FLR 27 Postiglione v R [1997] HCA 26; (1997) 189 CLR 295; 71 ALJR 875; 145 ALR 408; 94 A Crim R 397 R v Ilbay [2000] NSWCCA 251 R v Kollas and Mitchell [2002] NSWCCA 491 Why v R [2017] NSWCCA 101 Texts Cited: Nil Category: Principal judgment Parties: B (Applicant) Regina (Respondent) Representation: Counsel: D Barrow (Applicant) C Everson SC (Respondent)