R v DW [2012] NSWCCA 66

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v DW [2012] NSWCCA 66 Hearing dates: 19 April 2011 Decision date: 23 April 2012 Before: Basten JA at 1; RS Hulme J at 60; Hall J at 155 Decision: Appeal dismissed. Catchwords: CRIMINAL LAW - prosecution appeal - residual discretion to reject appeal where inadequacy established - relevance of lapse of time since sentencing - relevance of proximity to release - responsibility of Director for delay in presenting relevant material to appeal court - effect of Crimes (Appeal and Review) Act 2001 (NSW), s 68A

CRIMINAL LAW - prosecution appeal - sentencing - accumulation - whether sentence should have been partly accumulated on balance of parole in relation to a prior offence - whether increase in overall sentence sufficient to warrant intervention

CRIMINAL LAW - prosecution appeal - sentencing - conspiracy to manufacture a prohibited drug (amphetamine) in an amount not less than the large commercial quantity - whether sentence manifestly inadequate

CRIMINAL LAW - prosecution appeal - sentencing - offences of possess prohibited pistol contrary to Firearms Act 1996 (NSW), s 7(1) and sell prohibited firearm contrary to Firearms Act, s 51 - transposition of sentences based on comparative seriousness - whether error warrants appellate intervention

CRIMINAL LAW - sentencing - assistance to authorities - whether permissible to provide discount for assistance to authorities and consider assistance as a special circumstance for the purposes of Crimes (Sentencing Procedure) Act 1992 (NSW), s 44