Jayde FARRELL v R [2012] NSWCCA 245

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Jayde FARRELL v R [2012] NSWCCA 245 Hearing dates: 17 May 2012 Decision date: 23 November 2012 Before: Hoeben JA at [1] Hidden J at [2] Beech-Jones J at [24] Decision: Leave granted, appeal allowed. Sentence passed in District Court quashed. Applicant re-sentenced to imprisonment for 6 ½ years, comprising a NPP period of 4 years, commencing 1 May 2010 and expiring 30 April 2014, and a balance of term of 2 ½ years, commencing 1 May 2014 and expiring 31 October 2016. Catchwords: CRIMINAL LAW - application for leave to appeal against sentence - applicant and co-offender involved in same drug dealing enterprise - charged with different offences - co-offender sentenced by different judge - issue of parity. Legislation Cited: Drug Misuse and Trafficking Act 1985 Cases Cited: - Jimmy v R [2010] NSWCCA 60, 77 NSWLR 540 - Green v The Queen [2011] HCA 49, 244 CLR 462 - Muldrock v The Queen [2011] HCA 39, 244 CLR 120 Category: Principal judgment Parties: Jayde Farrell (applicant) Regina (respondent) Representation: Counsel: J Hickleton (applicant) J Girdham (respondent) Solicitors: George Sten & Co (applicant) S Kavanagh - Solicitor for Public Prosecutions (respondent) File Number(s): 2008/1652 Decision under appeal Date of Decision: 2010-12-13 00:00:00 Before: Bennett DCJ File Number(s): 2008/1652