R v Zycki [2024] NSWCCA 9

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Zycki [2024] NSWCCA 9 Hearing dates: 14 February 2024 Date of orders: 14 February 2024 Decision date: 14 February 2024 Before: Adamson JA; Wright J; Sweeney J Decision: 1. The appeal is allowed. 2. The sentence imposed in the District Court on 6 October 2023 is quashed. 3. Pursuant to s 12(2) of the Criminal Appeal Act 1912 (NSW) the matter is remitted to the District Court for resentencing. 4. The matter is listed for mention in the Sydney District Court arraignment list at 9:30am on Friday, 23 February 2024. Catchwords: CRIME — Appeals — Appeal against sentence — By Crown — Where parties agree sentence miscarried — Offence which carries life imprisonment erroneously attached to Form 1 — Matter remitted to District Court Legislation Cited: Criminal Appeal Act 1912 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Clappison v R [2017] NSWCCA 33 Paul Campbell v R [2018] NSWCCA 87 R v Issa [2002] NSWCCA 206 R v JH [2021] NSWCCA 299 Texts Cited: Nil Category: Principal judgment Parties: Rex (Crown) (Applicant) Janey Maree Zycki (Respondent) Representation: Counsel: G Newton SC (Applicant) M Valentin (Respondent)

Solicitors: Solicitor for Public Prosecutions (NSW) (Applicant) WM Lloyd & Associates (Respondent) File Number(s): 2022/112649 Publication restriction: Nil Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Citation: [2023] NSWDC 412 Date of Decision: 6 October 2023 Before: Mahony SC DCJ File Number(s): 2022/112649