Mack v R [2022] NSWCCA 114

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Mack v R [2022] NSWCCA 114 Hearing dates: 20 April 2022 Date of orders: 08 June 2022 Decision date: 08 June 2022 Before: Simpson AJA at [1] Harrison J at [1] Fagan J at [1] Decision: (1) Grant leave to appeal against sentence. (2) Dismiss the appeal. Catchwords: CRIMINAL LAW – appeal – appeal against sentence – supply prohibited drug – possess unauthorised prohibited firearm – possess more than three unregistered firearms – whether sentencing judge erred in sentencing the applicant twice in relation to the same offence – whether sentencing judge erred by failing to take into account the applicant's mental health status – whether sentencing judge erred in assessing objective seriousness – whether sentence was manifestly excessive – error conceded – appeal dismissed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 33 Criminal Procedure Act 1986 (NSW), s 167 Drugs Misuse and Trafficking Act 1985 (NSW), s 25(1) Firearms Act 1996 (NSW), ss 7(1), 51D(2) Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; (2010) A Crim R 1; [2010] NSWCCA 194 Kentwell v The Queen (2014) 252 CLR 601; (2014) 238 A Crim R 134; [2014] HCA 37 Mack v R; Mack v R [2009] NSWCCA 216 R v AJP (2004) 150 A Crim R 575; [2004] NSWCCA 434 Category: Principal judgment Parties: Wayne Raymond Mack (Applicant) Crown (Respondent) Representation: Counsel: H White (Applicant) M Millward (Respondent)