Suman v R [2013] NSWCCA 3

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Suman v R [2013] NSWCCA 3 Hearing dates: 6 December 2012 Decision date: 01 February 2013 Before: Simpson J at [1] McCallum J [2] Bellew J [39] Decision: Leave to appeal granted; appeal dismissed Catchwords: CRIME - sentencing - whether sentencing judge erred by adopting an impermissible tiered or mathematical approach - whether sentencing judge erred in the exercise of the discretion as to the degree of accumulation between sentences - whether aggregate sentence manifestly excessive Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Firearms Act 1996 Drug Misuse and Trafficking Act 1985 Cases Cited: Cahyadi v R [2007] NSWCCA 1; (2007) 168 A Crim R 41 Markarian v R [2005] HCA 25; (2005) 228 CLR 357 R v Hammoud [2000] NSWCCA 540; (2000) 118 A Crim R 66 Category: Principal judgment Parties: Nirmal Suman (applicant) Regina (respondent) Representation: Counsel: GD Wendler (applicant) R Herps (Crown) Solicitors: Van Houten Solicitors (applicant) Office of the Director of Public Prosecutions (respondent) File Number(s): 2010/370788 Publication restriction: None Decision under appeal Jurisdiction: 9101 Date of Decision: 2012-02-10 00:00:00 Before: Woods DCJ File Number(s): 2010/370788