YM v R [2023] NSWCCA 75

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: YM v R [2023] NSWCCA 75 Hearing dates: 10 February 2023 Date of orders: 05 April 2023 Decision date: 05 April 2023 Before: Kirk JA at [1] Walton J at [2] Sweeney J at [3] Decision: 1. Leave to appeal granted. 2. Appeal allowed. 3. The aggregate sentences imposed in the District Court are quashed and in lieu thereof: (a) for sequences 1, 2 and 3 the Applicant is sentenced to an aggregate sentence of 7 years imprisonment with a non-parole period of 3 years imprisonment commencing on 14 February 2019, the non-parole period expiring on 13 February 2022. (b) for Counts 1, 2 and 3 the Applicant is sentenced to an aggregate sentence of 7 years imprisonment with a non-parole period of 3 years 6 months imprisonment commencing on 14 February 2022, the non-parole period expiring on 13 August 2025. (c) the Applicant is eligible for release to parole at the conclusion of that non-parole period. Catchwords: CRIME — Appeals — Appeal against sentence — drug importation and supply offences — effect of mental illness on moral culpability and general deterrence — assessment of objective seriousness — appeal allowed — applicant resentenced Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Code Act 1995 (Cth) Drug Misuse and Trafficking Act 1985 (NSW) Crimes Act 1914 (Cth) Cases Cited: Aslan v R [2014] NSWCCA 114 Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194 House v The King (1936) 55 CLR 499 Jeffree v R [2017] NSWCCA 72 Kentwell v R (2014) 252 CLR 601; [2014] HCA 37 Mulato v R [2006] NSWCCA 282 R v Engert (1995) 84 A Crim R 67 R v SS (a pseudonym) [2022] NSWCCA 258 R v Verdins (2007) 16 VR 269 R v Wright (1997) 93 A Crim R 48 Texts Cited: Nil Category: Principal judgment Parties: YM (Applicant) Rex (Respondent) Representation: Counsel: K Edwards (Applicant) E Balodis (Respondent)