Urriola v Regina [2012] NSWCCA 95

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Urriola v Regina [2012] NSWCCA 95 Hearing dates: 26 March 2012 Decision date: 17 May 2012 Before: Beazley JA at [1]; Harrison J at [54]; McCallum J at [55] Decision: 1. Grant leave to appeal against sentence; 2. Appeal allowed in part; 3. Remit the matter to the trial judge for re-sentence in respect of the offence charged in count 2: supply of a commercial quantity of cocaine contrary to the Drug Misuse and Trafficking Act 1985, s 25(2). Catchwords: CRIMINAL LAW - Application for leave to appeal against sentence - Crimes Act 1900, s 349 - Accessory after the fact to murder - Sentencing - Whether sentence manifestly excessive

CRIMINAL LAW - Application for leave to appeal against sentence - Drug Misuse and Trafficking Act 1985, s 25(2) - Sentencing - Whether sentencing judge erred by failing to impose a non-parole period in relation to the second count in accordance with Crimes (Sentencing Procedure) Act 1999, s 45(1) - Matter remitted to trial judge for re-sentencing in accordance with Crimes (Sentencing Procedure) Act 1999, s 45(1) - Appeal allowed in part Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Criminal Appeal Act 1912 Drug Misuse and Trafficking Act 1985 Firearms Act 1996 Poisons and Therapeutic Goods Act 1966 Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; 205 A Crim R 1 Hili v The Queen; Jones v The Queen [2010] HCA 45; 242 CLR 520 Hristovksi v R [2010] NSWCCA 129 Markarian v The Queen [2005] HCA 25; 228 CLR 357 Postlewaight v R [2011] NSWCCA 279 R v Almirol (No 2) [2007] NSWSC 323 R v Faulkner [2000] NSWSC 944 R v Galea [2003] NSWSC 465 R v Morgan (1993) 70 A Crim R 368 R v Tait (1979) 24 ALR 473; 46 FLR 386 Category: Principal judgment Parties: Marcelo Urriola (Applicant) Regina (Respondent) Representation: Counsel: I McClintock SC (Applicant) S Bowers (Respondent) Solicitors: Mark Klees and Associates (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2009/156643; 2009/157948 Publication restriction: No Decision under appeal Citation: R v Marcelo Urriola Date of Decision: 2010-04-30 00:00:00 Before: Fullerton J File Number(s): 2009/156643