Nunez v R [2023] NSWCCA 136

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Nunez v R [2023] NSWCCA 136 Hearing dates: 17 March 2023 Decision date: 14 June 2023 Before: Simpson AJA at [1]; Garling J at [2]; Ierace J at [3] Decision: (1) Grant leave to appeal. (2) Allow the appeal. (3) Quash the sentence imposed by Townsden DCJ on 27 November 2020. (4) Resentence the applicant to an aggregate sentence of 7 years and 9 months, backdated to commence on 31 January 2020 and to expire on 30 October 2027, with an aggregate non-parole period of 4 years, to expire on 30 January 2024. Catchwords: CRIME – Appeals – Appeal against sentence – Where applicant raised impact of Covid-19 pandemic upon custodial conditions in written submissions – Where submissions addressed then-current and potential future impacts – Whether sentencing judge failed to have regard to impact of pandemic upon conditions of imprisonment Legislation Cited: Crimes Act 1900 (NSW), s 193C Drug Misuse and Trafficking Act 1985 (NSW), ss 25, 25A Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 McKinnon v R [2020] NSWCCA 106 R v Pickard [2023] NSWCCA 7 SF v R [2022] NSWCCA 216 Wass v R [2022] NSWCCA 143 Category: Principal judgment Parties: Renato Nunez (Applicant) Rex (Respondent) Representation: Counsel: D Barrow (Applicant) S Lind (Respondent) Solicitors: Archbold Gittani Lawyers (Applicant) Solicitor for Public Prosecutions (NSW) (Respondent) File Number(s): 2020/32397 Decision under appeal Court or tribunal: District Court Date of Decision: 27 November 2020 Before: Townsden DCJ File Number(s): 2020/32397