PG v R [2024] NSWCCA 141

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: PG v R [2024] NSWCCA 141 Hearing dates: 12 July 2024 Date of orders: 02 August 2024 Decision date: 02 August 2024 Before: Adamson JA at [1]; Wilson J at [2]; Faulkner J at [48] Decision: (1) Grant leave to appeal against the sentence imposed on 18 August 2023; (2) Dismiss the appeal; (3) Publication of the judgment is restricted to the parties, pending their advice to the Registrar, within 7 days from today, of any redactions that may be necessary to permit unrestricted publication. Catchwords: CRIME – appeal against sentence – where discount applied per s 23 Crimes (Sentencing Procedure) Act 1999 (NSW) – in addition to discount for early pleas of guilty – drug supply offences and firearms possession offence – determining appropriate s 23 discount – where sentencing judge suggested discount percentages at sentence hearing but applied different percentages at judgment – complaints relating to procedural fairness and failure to provide reasons Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 11, 23, 33 Criminal Appeal Act 1912 (NSW), s 5 Drugs Misuse and Trafficking Act 1985 (NSW), s 25 Firearms Act 1996 (NSW), ss 4C, 7 Category: Principal judgment Parties: PG (Applicant) Rex (Respondent) Representation: Counsel: I McLachlan (Applicant) E Wilkins SC (Respondent)

Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (NSW) (Respondent) File Number(s): 2021/00076101; 2022/00314186 Publication restriction: Publication initially restricted to the parties pending advice to the Court as to any redactions required prior to publication Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 18 August 2023 Before: McGrath SC DCJ File Number(s): 2021/00076101; 2022/00314186