MH v R [2022] NSWCCA 287

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: MH v R [2022] NSWCCA 287 Hearing dates: 17 June 2022 Date of orders: 15 December 2022 Decision date: 15 December 2022 Before: Ward P at [1] Mitchelmore JA at [2] Lonergan J at [3] Decision: (1) To the extent necessary, extend time within which to file a notice of appeal until 13 October 2021. (2) Grant leave to appeal. (3) Dismiss the appeal. Catchwords: CRIME – appeals – appeal against sentence – extension of time in which to appeal – sentenced and notice of intention filed in 2018 – appeal filed in 2021 – extension granted CRIME – appeals – appeal against sentence – multiple offences – where background of very substantial disadvantage taken into account – whether error in application of Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 principles – whether error in not reducing offender's moral culpability – no error shown CRIME – appeals – appeal against sentence – assistance to authorities – provision of phone number resulting in sentencing of another offender for drug and other offences – whether 5% discount manifestly inadequate – no misapplication of principle or error shown CRIME – appeals – appeal against sentence – multiple offences – custodial conditions significantly worse than contemplated – whether evidence "new" or "fresh" – whether evidence should be admitted – not "exceptional" – evidence not admitted – ground dismissed CRIME – appeals – appeal against sentence – parity – specially aggravated kidnapping – whether sentencing judge failed adequately to consider each offender's level of criminality and subjective cases – no justifiable sense of grievance Legislation Cited: Crimes Act 1900 (NSW), ss 86(3), 154C(2), 350 Crimes (Sentencing Procedure) Act 1999 (NSW), s 23 Drug Misuse and Trafficking Act 1985 (NSW), s 25(1) Cases Cited: Brierley v The Queen [2022] NSWCCA 26 Bugmy v the Queen (2013) 249 CLR 571; [2013] HCA 37 Fordham v R (1997) A Crim R 359 House v The King (1936) 55 CLR 499; [1936] HCA 40 Judge v R [2018] NSWCCA 203 Nasrallah v R (2021) 105 NSWLR 451; [2021] NSWCCA 207 Perkins v R [2018] NSWCCA 62 R v Chaaban [2006] NSWCCA 107 R v Dungay [2020] NSWCCA 209 R v Munday [1981] 2 NSWLR 177 R v Vachalec (1981) 1 NSWLR 351; [1981] NSWCCA 26 WM v R [2020] NSWCCA 96 Wright v R [2016] NSWCCA 122 Category: Principal judgment Parties: MH (Applicant) Regina (Respondent) Representation: Counsel: T Woods / K Lloyd (Applicant) A Morris (Respondent)