Fraser v R [2022] NSWCCA 253

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Fraser v R [2022] NSWCCA 253 Hearing dates: 7 November 2022 Date of orders: 7 December 2022 Decision date: 07 December 2022 Before: Button J; Fagan J; Yehia J Decision: (1) Extend the time within which the applicant may seek leave to appeal against sentence. (2) Grant leave to appeal against sentence. (3) Quash the sentence imposed in the District Court and in lieu thereof sentence the applicant to imprisonment for a term of 4 years and 3 months commencing on 15 February 2020 and expiring on 14 May 2024 with a non-parole period of 2 years and 6 months expiring on 14 August 2022. Catchwords: CRIME – appeal against sentence – where the applicant pleaded guilty to possession of 19 firearms at a rural property – manifest excess – where the offender intended to hand the firearms in to police – strong subjective case – consideration of comparable cases – sentence plainly unjust Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Procedure Act 1986 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Firearms Act 1996 (NSW) Cases Cited: Aird v R [2022] NSWCCA 35 Attorney General's Application Under s37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518 Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54 Mack v R [2009] NSWCCA 216 Mack v R [2022] NSWCCA 114 R v Campbell; R v Smith [2019] NSWCCA 1 R v Cromarty [2004] NSWCCA 54 R v Lachlan [2015] NSWCCA 178 R v Mahmud [2010] NSWCCA 219 Taylor v R [2018] NSWCCA 50 Weaver v R [2021] NSWCCA 215 Category: Principal judgment Parties: Rex James Fraser Representation: Counsel: I Nash (Crown) L Fernandez (Applicant)