Labban v R [2022] NSWCCA 275

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Labban v R [2022] NSWCCA 275 Hearing dates: 5 August 2022 Date of orders: 15 December 2022 Decision date: 15 December 2022 Before: Bell CJ at [1]; Mitchelmore JA at [2]; Hamill J at [40]. Decision: (1) Grant leave to appeal. (2) Dismiss the appeal. Catchwords: CRIME – appeals – appeal against sentence – parity – two offences of supply commercial quantity of prohibited drug, cocaine and methylamphetamine, contrary to Drug Misuse and Trafficking Act 1985 (NSW), s 25(2) – three offences on Form 1 – where sentencing judge did not refer to principles of parity in remarks on sentence – whether applicant's case differentiated from co-offenders – whether applicant able to understand how case was differentiated CRIME – appeals – appeal against sentence – totality – two offences of supply commercial quantity of prohibited drug, cocaine and methylamphetamine, contrary to Drug Misuse and Trafficking Act 1985 (NSW), s 25(2) – three offences on Form 1 – where sentencing judge did not refer to submissions on accumulation and concurrency, nor totality – whether degree of accumulation settled upon open in the exercise of sentencing discretion Legislation Cited: Crimes Act 1900 (NSW), s 193B(2) Crimes (Sentencing Procedure) Act 1999 (NSW), s 32 Drug Misuse and Trafficking Act 1985 (NSW), ss 25(1) and (2), s 25A(1), 29 Weapons Prohibition Act 1998 (NSW), s 7(1) Cases Cited: Cahyadi v R (2007) 168 A Crim R 41 Chamon v R [2020] NSWCCA 112 Franklin v R [2013] NSWCCA 122 Hall v R [2021] NSWCCA 220 Huckstadt v R [2016] NSWCCA 22 Jackson v R [2022] NSWCCA 148 JT v R [2012] NSWCCA 133 Miles v R [2017] NSWCCA 266 Category: Principal judgment Parties: Paul Labban (Applicant) Crown (Respondent) Representation: Counsel: R Rodger and C Brain (Applicant) S Traynor (Respondent)