Koster v R [2025] NSWCCA 4

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Koster v R [2025] NSWCCA 4 Hearing dates: 7 February 2025 Date of orders: 14 February 2025 Decision date: 14 February 2025 Before: Adamson JA at [1] Ball JA at [2] Fagan J at [27] Decision: Application for leave to appeal dismissed Catchwords: CRIME – appeals – appeal against sentence – manifest excess – where the applicant was sentenced for 2 counts of supplying not less than a large commercial quantity of lysergide (LSD) – whether sentence was unreasonable or plainly unjust Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5(1)(c) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 7; 44(2); 68 Drug Misuse and Trafficking Act 1985 (NSW), ss 25(2); 33(3) Cases Cited: Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54 Lowndes v The Queen (1999) 195 CLR 665; [1999] HCA 29 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Category: Principal judgment Parties: William Koster (Applicant) Rex (Respondent) Representation: Counsel: L Tyndall with T Woods (Applicant) A Bonnor (Respondent)

Solicitors: Daoud Legal, Sydney Criminal Defence and Traffic Lawyers (Applicant) Office of Director of Public Prosecutions (Respondent) File Number(s): 2020/70771 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 5 April 2024 Before: Girdham SC DCJ File Number(s): 2020/70771