Robertson v R [2024] NSWCCA 22

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Robertson v R [2024] NSWCCA 22 Hearing dates: 6 December 2023 Decision date: 28 February 2024 Before: Harrison CJ at CL at [1]; Wilson J at [2]; Ierace J at [3] Decision: (1) Grant leave to appeal; (2) Allow the appeal on grounds 1 and 2; (3) Quash the sentence imposed on the applicant by Judge McLennan in the District Court on 24 May 2022; (4) In lieu thereof, resentence the applicant to a term of imprisonment for a period of 4 years and 6 months, backdated to commence on 22 April 2021 and to expire on 21 October 2025, with a non-parole period of 2 years and 11 months, to expire on 21 March 2024. Catchwords: CRIME — Appeals — Appeal against sentence — Application for leave to appeal — Supply of not less than commercial quantity of drug — Where applicant supplied significantly lower quantities of drugs prior to the involvement of police undercover operative — Whether sentencing judge erred in assessing the objective seriousness of the offence on the basis that it was designed to accrue a financial benefit CRIME — Appeals — Appeal against sentence — Where sentencing judge took account of the applicant's background of profound childhood deprivation as part of instinctive synthesis but refused to reduce the applicant's moral culpability — Whether the sentencing judge failed to correctly apply the principles of Bugmy v The Queen (2013) 249 CLR 571 Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 5(1), 25D(2)(a), 32, 33 Drug (Misuse and Trafficking) Act 1985 (NSW) ss 10(1), 25(1),(2), 32(1)(c),(g) Cases Cited: Baines v R [2023] NSWCCA 302 Bugmy v R (2013) 249 CLR 571; [2013] HCA 37 CDPP v De La Rosa [2010] NSWCCA 194 Chiarlini v R [2023] NSWCCA 227 Cicciarello v R [2009] NSWCCA 272 Harris v R [2023] NSWCCA 174 Hejazi v R [2009] NSWCCA 282 Hoskins v R [2021] NSWCCA 169 House v The King 55 CLR 499; [1936] HCA 40 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Parente v R [2017] NSWCCA 284 Quayle v R [2010] NSWCCA 16 R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111 Taysavang v R; Lee v R [2017] NSWCCA 146 Category: Principal judgment Parties: Bodene Robertson (Applicant) Rex (Respondent) Representation: Counsel: J Roy (Applicant) J Styles (Respondent)