Brown v R [2013] NSWCCA 44

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Brown v R [2013] NSWCCA 44 Hearing dates: 7/02/2013 Decision date: 07 March 2013 Before: Bathurst CJ at [1] Fullerton J at [2] Beech-Jones J at [31] Decision: 1. Grant leave to appeal against sentence. 2. Allow the appeal. 3. Vary the sentence by directing that the non-parole period of 2 years and 6 months commence on 26 November 2011 and to expire on 25 May 2014 and otherwise confirm the sentencing orders. Catchwords: CRIMINAL LAW - appeal against sentence - supply prohibited drugs - quasi-custody - whether sentencing judge erred by failing to allow discount for time served in rehabiltation Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: Hughes v R [2008] NSWCCA 48; 185 A Crim R 155 R v Campbell [1999] NSWCCA 76 R v Delaney [2003] NSWCCA 342; 59 NSWLR 1 R v Marschall [2002] NSWCCA 197; 129 A Crim R 381 R v McHugh (1985) 1 NSWLR 588 Renshaw v R [2012] NSWCCA 91 Truss v R [2008] NSWCCA 325 Category: Principal judgment Parties: Steven Brown (Applicant) The Crown (Respondent) Representation: Counsel: S Pararajasingham (Applicant) M Cinque (Crown) Solicitors: Boulevarde Lawyers (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2011/175144 Decision under appeal Jurisdiction: 9101 Date of Decision: 2012-08-17 00:00:00 Before: Maiden DCJ