Meis v R [2022] NSWCCA 118

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Meis v R [2022] NSWCCA 118 Hearing dates: 8 December 2021 Date of orders: 8 June 2022 Decision date: 08 June 2022 Before: Simpson AJA at [1] Rothman J at [63] Button J at [64] Decision: 1. Leave granted to appeal against sentence. 2. Appeal allowed; sentence quashed. 3. In lieu thereof the applicant be sentenced to imprisonment for 3 years commencing on 12 February 2021 and expiring on 11 February 2024 with a non-parole period of 1 year and 6 months to expire on 11 August 2022. Catchwords: CRIME — Drug offences — Manufacture prohibited drug Supply prohibited drug — Appeal against sentence — where sentencing judge erred in concluding the applicant's previous conviction amounted to an aggravating factor and taking that aggravating factor into account – where sentencing judge erred in failing to give sufficient reasons for treatment of the prior conviction as an aggravating factor Legislation Cited: Criminal Procedure Act 1986 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Frigiani v R [2007] NSWCA 81 Johnson v R [2004] NSWCCA 76 Kentwell v The Queen (2014) 252 CLR 101; [2014] HCA 37 Olbrich v The Queen (1999) 199 CLR 270; [1999] HCA 54 R v Way (2004) 60 NSWLR 168; [2004] NSWCCA 131 R v Wickham [2004] NSWCA 193 Shankley v R [2003] NSWCA 253 Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14 Category: Principal judgment Parties: Christian Marcelo Meis (Applicant) Crown (Respondent) Representation: Counsel: M J Davis (Applicant) E Wilkins SC (Respondent)