Moran v R [2022] NSWCCA 217

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Moran v R [2022] NSWCCA 217 Hearing dates: 21 September 2022 Date of orders: 5 October 2022 Decision date: 05 October 2022 Before: Beech-Jones CJ at CL at [1] Price J at [41] Yehia J at [42] Decision: (1) The applicant be granted an extension of time to apply for leave to appeal against the sentence imposed on him by Harris DCJ on 12 March 2020 up to and including 9 June 2022; (2) The applicant be granted leave to appeal against the sentence imposed on him by Harris DCJ on 12 March 2020 and the sentence imposed on him by Buscombe DCJ on 29 January 2021; and (3) The appeals in both matters be dismissed. Catchwords: SENTENCING – parity – no question of principle Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Court Act 1998 (NSW) Cases Cited: Cameron v R [2017] NSWCCA 229 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 DS v R [2014] NSWCCA 267 Kelly v R [2017] NSWCCA 256 Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46 Martellotta v R [2021] NSWCCA 168 Miles v R [2017] NSWCCA 266 Category: Principal judgment Parties: Jarrod Eric Moran (Applicant) Rex (Respondent) Representation: Counsel: T Woods (Applicant) D Scully (Respondent)