Donnelly v R [2024] NSWCCA 151

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Donnelly v R [2024] NSWCCA 151 Hearing dates: 24 June 2024 Date of orders: 12 August 2024 Decision date: 12 August 2024 Before: Harrison CJ at CL at [1] Garling J at [2] Faulkner J at [3] Decision: (1) Grant an extension of time for filing the Notice of Appeal up until 23 April 2024. (2) Grant leave to appeal. (3) Dismiss the appeal. Catchwords: CRIME — application for leave to appeal against sentence — application for leave to appeal out of time — extension of time and leave to appeal granted. CRIME — appeal against sentence — aiding and abetting the supply of commercial quantity prohibited drugs — whether sentencing judge erred in assessment of objective seriousness — storage of prohibited drugs and characterisation of applicant as "user dealer" open to sentencing judge — no specific error demonstrated — appeal dismissed. CRIME — appeal against sentence — whether sentence was manifestly excessive — ground not made out — appeal dismissed. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 23, 54B(4) Criminal Appeal Act 1912 (NSW), s 5(1)(c) Drug Misuse and Trafficking Act 1985 (NSW), ss 25, 27 Cases Cited: BM v R [2023] NSWCCA 68 House v the King (1936) 55 CLR 499; [1936] HCA 40 Mulato v R [2006] NSWCCA 282 R v Ferguson [2022] NSWCCA 147 Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64 Category: Principal judgment Parties: Stephen John Donnelly (applicant) Rex (respondent) Representation: Counsel: K Prince (applicant) E Sullivan (respondent)