Moule v R [2022] NSWDC 410

District Court New South Wales

Medium Neutral Citation: Moule v R [2022] NSWDC 410 Hearing dates: 3-4 August 2022 Date of orders: 4 August 2022 Decision date: 04 August 2022 Jurisdiction: Criminal Before: Neilson DCJ Decision: See pars [38]-[40]. Catchwords: CRIME – APPEAL – AGGREGATE SENTENCE – 5 OFFENCES – Negligent driving causing death – Breach of Public Health Regulation – Possession of a false document – Possession of prohibited drugs (2 counts). CRIME – APPEAL – SIGNIFICANCE OF MAXIMUM PENALTY – Indicative sentences for drug offences too great – new indicative sentences fixed for drug offences – Sentence fixed using same ration as used in Local Court – Significance of rounding down of periods and special circumstances. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Public Health Act 2010 (NSW) Road Transport Act 2013 (NSW) Cases Cited: Ibbs v The Queen (1987) 163 CLR 447; 74 ALR 1 Veen v The Queen (No 2) (1988) 164 CLR 465 at 478; 77 ALR 835 Texts Cited: Nil. Category: Sentence Parties: Appellant – Adam Moule R - Crown Representation: Appellant – Mr Maxton of LegalAid NSW R - Ms O'Sullivan of the Office of the Director of Public Prosecutions (NSW) File Number(s): 2021/00100153; 2021/0039496; 2022/00091341 Publication restriction: Nil. Decision under appeal Court or tribunal: Local Court of New South Wales Jurisdiction: Crime Citation: Nil. Date of Decision: 19 May 2022 Before: Christofi LCM File Number(s): 2021/00100153