Sande v R [2022] NSWCCA 236

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Sande v R [2022] NSWCCA 236 Hearing dates: 6 July 2022 Date of orders: 6 July 2022 Decision date: 18 November 2022 Before: Meagher JA at [1]; Fullerton J at [2]; Ierace J at [3] Decision: Reasons published for order made on 6 July 2022: 1) The application for leave to appeal is refused. Catchwords: CRIME – Appeals – Appeal against sentence – Application for leave to appeal – Manifest excess – Where applicant sentenced to a term of imprisonment for one count of supplying a prohibited drug – Whether sentence manifestly excessive – Where applicant submitted that the nominal starting point of the sentence was outside the appropriate range – Consideration of comparable cases and sentencing statistics relied on by the applicant Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW), s 124I Crimes (Sentencing Procedure) Act 1999 (NSW), s 44 Drug Misuse and Trafficking Act 1985 (NSW), s 25 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Donaghey v R [2015] NSWCCA 119 Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221 Pham v R [2017] NSWCCA 75 Sahyoun v R [2020] NSWCCA 87 Sahyoun v R (No 2) [2020] NSWCCA 95 Vandeventer v R [2013] NSWCCA 33 Category: Principal judgment Parties: Kamil Sande (Applicant) Rex (Respondent) Representation: Counsel: S Schaudin (Applicant) A L Bonnor (Crown)