Fear v R [2023] NSWCCA 238

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Fear v R [2023] NSWCCA 238 Hearing dates: 25 September 2023 Date of orders: 25 September 2023 Decision date: 25 September 2023 Before: Ward P at [1]; Davies J at [2]; N Adams J [3]. Decision: (1) The extension of time to appeal against the conviction for supply of cannabis plant contrary to s 23(1)(b) of the Drug Misuse and Trafficking Act 1985 (NSW) is granted. (2) The appeal against conviction for the offence of supply cannabis plant contrary to s 23(1)(b) of Drug Misuse and Trafficking Act is allowed. (3) The aggregate sentence imposed by Judge Robinson at the Penrith District Court on 28 September 2022 is quashed. (4) The matter is remitted to the Downing Centre District Court on Friday 29 September 2023 at 9.30am for mention. Catchwords: CRIMINAL LAW – conviction appeal – applicant pleaded guilty to supplying cannabis plant – no evidence to establish that offence – should have been charged with supply cannabis leaf – Crown concedes error Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW) Crimes Act 1900 (NSW), ss 92H(2), 193B(2) Criminal Appeal Act 1912 (NSW), s 5 Drug Misuse and Trafficking Act 1985 (NSW), ss s 23(1)(b), s 25 (1) Weapons Prohibition Act 1988 (NSW), s 7(1) Cases Cited: R v Liberti (1991) 55 A Crim R 120 Category: Principal judgment Parties: Jason Patrick Fear (Applicant) Rex (Respondent) Representation: Counsel: Mr A Evers (Applicant) Ms E Wilkins SC (Respondent)