Allan v R [2023] NSWCCA 199

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Allan v R [2023] NSWCCA 199 Hearing dates: 2 August 2023 Date of orders: 18 August 2023 Decision date: 18 August 2023 Before: Beech-Jones CJ at CL; Fagan J; Dhanji J Decision: (1) Quash the aggregate sentence ordered on 21 September 2022 in respect of sequences 57 and 61 on charge sheet H1217236. (2) In lieu thereof the applicant is sentenced to imprisonment for an aggregate term of 3 years and 6 months commencing on 8 July 2021 and expiring on 1 January 2025 with a non-parole period of 2 years and 1 month expiring on 7 August 2023. (3) The applicant has been eligible for release to parole from 7 August 2023. Catchwords: CRIME – appeals – appeal against sentence – manifest excess – applicant entered pleas of guilty to two offences of supplying methylamphetamine – total of 24.35 grams sold through multiple transactions spanning 11 weeks – low-level street dealer – criminal history of property offences – strong subjective case – appeal allowed Legislation Cited: Drugs Misuse and Trafficking Act 1985 (NSW) Weapons Prohibition Act 1998 (NSW) Cases Cited: El Masri v R [2022] NSWCCA 27 Newman v R [2022] NSWCCA 218 R v Wong [2018] NSWCCA 20 Category: Principal judgment Parties: Mitch Allan (Applicant) Rex (Respondent Crown) Representation: Counsel: D Barrow (Applicant) S Lind (Respondent Crown)

Solicitors: Kingston Fox Lawyers (Applicant) Solicitor for Director of Public Prosecutions NSW (Respondent Crown) File Number(s): 2021/195728 Publication restriction: No Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 21 September 2022 Before: Judge Arnott SC File Number(s): 2021/195728