R v AZ [2011] NSWCCA 43

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v AZ [2011] NSWCCA 43 Hearing dates: 14 February 2011 Decision date: 22 March 2011 Before: McClellan CJ at CL at 1 Johnson J at 2 McCallum J at 109 Decision: 1. Crown appeal allowed. 2. Sentences imposed upon the Respondent in the District Court on 30 August 2010 are quashed. 3. In their place - (i) upon the charge of supplying a large commercial quantity of a prohibited drug, taking into account the offences on the Form 1, the Respondent is sentenced to imprisonment comprising a non-parole period of five years and two months commencing on 26 November 2008 and expiring on 25 January 2014, with a balance of term of two years and 10 months commencing on 26 January 2014 and expiring on 25 November 2016; (ii) upon the charge of possession of a prohibited firearm, the Respondent is sentenced to imprisonment comprising a non-parole period of one year, one month and two weeks commencing on 12 August 2013 and expiring on 25 September 2014, with a balance of term of seven months and two weeks commencing on 26 September 2014 and expiring on 9 May 2015. 4. The earliest date upon which the Respondent will be entitled to release on parole is 25 September 2014. Catchwords: CRIMINAL LAW - sentence - Crown appeal - supply large commercial quantity of prohibited drug (MDMA/ecstasy) - possess prohibited firearm - keyring pistol - assistance to authorities - errors in assessment of objective seriousness of offences - error in approach to concurrence and accumulation - sentences manifestly inadequate - Respondent resentenced Legislation Cited: Criminal Appeal Act 1912 Drug Misuse and Trafficking Act 1985 Firearms Act 1996 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v JW [2010] NSWCCA 49; 199 A Crim R 486 Wang v R [2009] NSWCCA 223 Luu v R [2008] NSWCCA 285 Hristovski v R [2010] NSWCCA 129 R v McEvoy [2010] NSWCCA 110 R v Sellars [2010] NSWCCA 133 R v Morgan (1993) 70 A Crim R 368 R v George [2004] NSWCCA 247; 149 A Crim R 38 R v Green; R v Quinn [2010] NSWCCA 313 R v Araya [2005] NSWCCA 283; 155 A Crim R 555 R v Qutami [2001] NSWCCA 353; 127 A Crim R 369 The Queen v Olbrich [1999] HCA 54; 199 CLR 270 R v Krstic [2005] NSWCCA 391 R v Tolley [2004] NSWCCA 165 R v Thalari [2009] NSWCCA 170; 75 NSWLR 307 Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41 Markarian v The Queen [2005] HCA 25; 228 CLR 357 R v Dinh [2010] NSWCCA 74; 199 A Crim R 573