Wentworth v R [2022] NSWCCA 293

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Wentworth v R [2022] NSWCCA 293 Hearing dates: 5 December 2022 Date of orders: 21 December 2022 Decision date: 21 December 2022 Before: Meagher JA at [1]; Beech-Jones CJ at CL at [33]; Garling J at [34] Decision: Dismiss the application for leave to appeal against sentence. Catchwords: CRIME – appeals – appeal against sentence – supply prohibited drug – where applicant has medical condition requiring surgery – where leave sought to adduce further evidence in support of appeal – whether further evidence establishes that no longer possible for applicant to pursue that surgery whilst in custody Legislation Cited: Criminal Appeal Act 1912 (NSW), s 6(3) Drug Misuse and Trafficking Act 1985 (NSW), s 25(2) Cases Cited: Hoang v R [2020] NSWCCA 324 JM v R [2008] NSWCCA 254 Khoury v R [2011] NSWCCA 118; (2011) 209 A Crim R 502 Turkmani v R [2014] NSWCCA 186; (2014) 244 A Crim R 402 Category: Principal judgment Parties: Shane Wentworth (Applicant) Rex (Respondent) Representation: Counsel:

S Corish (Applicant) C Curtis (Respondent)

Solicitors:

Gregory Goold Solicitors (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2019/364552 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 14 December 2020 Before: Hanley SC DCJ File Number(s): 2019/364552