Satuala Nanai v Regina [2012] NSWCCA 141

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Satuala Nanai v Regina [2012] NSWCCA 141 Hearing dates: 06/06/2012 Decision date: 04 July 2012 Before: McClellan CJ at CL at 1 McDougall J at 2 Adamson J at 52 Decision: 1. Grant leave to appeal. 2. Appeal dismissed. Catchwords: [CRIMINAL LAW] - appeal - sentence - supply of not less than a commercial quantity of a prohibited drug and possession of an unauthorised pistol - whether sentencing judge erred in approach to accumulation and totality - whether error of kind in Muldrock v The Queen demonstrated - whether sentencing judge erred in engaging in a two-stage approach when sentencing the applicant - whether overall sentence manifestly excessive. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Cahyadi v R (2007) 168 A Crim R 41 Do v R [2010] NSWCCA 182 Muldrock v The Queen (2011) 244 CLR 120 R v Zreika [2012] NSWCCA 44 Category: Principal judgment Parties: Satuala Nanai (Applicant) Regina (Respondent) Representation: Counsel: C Smith (Applicant) S Dowling (Respondent) Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2008/196649 Decision under appeal Date of Decision: 2012-11-12 00:00:00 Before: Finnane QC DCJ File Number(s): 2008/196649