MRN v R [2006] NSWCCA 155

New South Wales Court of Criminal Appeal

CITATION: MRN v R [2006] NSWCCA 155

HEARING DATE(S): 14 March 2006

JUDGMENT DATE: 18 May 2006

JUDGMENT OF: McClellan CJ at CL at 1; James J at 2; Simpson J at 3

DECISION: leave to appeal granted; appeal allowed; applicant re-sentenced: Count 1: imprisonment for four years, commencing on 10 October 2003, and expiring on 9 October 2007, with a non-parole period of three years expiring on 9 October 2006; Count 4: imprisonment for three years, commencing on 10 October 2003, and expiring on 9 October 2006, with a non-parole period of two years expiring on 9 October 2005; Count 6: (taking into account the Form 1 offences) imprisonment for seven years commencing on 10 October 2004, and expiring on 9 October 2011, with a non-parole period of four years expiring on 9 October 2008; Counts 8, 9 and 10: imprisonment for five years commencing on 10 October 2003, and expiring on 9 October 2008, with a non-parole period of three and a half years expiring on 9 April 2007; The aggregate sentence is of a head sentence of eight years with a non-parole period of five years. The earliest date on which the applicant would be eligible for release on parole is 9 October 2008.

CATCHWORDS: application for leave to appeal against severity of sentences - pleas of guilty to six drug charges - further Form 1 offences taken into account - posession of pre-cursor intended for use by another person in manufacture of prohibited drug - supply cannabis - ongoing supply methylamphetamine, MDMA, lysergic acid, cocaine - very serious course of criminal conduct - offence called for substantial period of full-time custody - subjective circumstances - assistance to authorities - assistance of limited value - bail granted for rehabilitation purposes - protracted proceedings - treatment of delay in sentencing - assumption that delays were entirely attributable to applicant - evidence of rehabilitation - extent of rehabilitation - finding of no special circumstances - 5,200 intercepted telephone calls and SMS messages recorded - error of fact in respect of telephone calls - not evident that all telephone calls and text messages related to drug dealing - error in approach to assistance to authorities - not significant - sentences imposed within the range available for drug dealing on the scale engaged in - treatment of delay unfair to applicant