Boyd v R [2013] NSWCCA 52

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Boyd v R [2013] NSWCCA 52 Hearing dates: 24 October 2012 Decision date: 07 March 2013 Before: McClellan CJ at CL at [1] Bellew J at [2] Button J at [3] Decision: (1) Leave to appeal against conviction granted. (2) Appeal against conviction dismissed. (3) Leave to appeal against sentence granted. (4) Appeal against sentence allowed. (5) Quash the commencement date of the sentence of 29 May 2011. (6) In substitution, impose a new commencement date of 14 January 2011. As a result, the first date upon which the applicant will be eligible for release upon parole will be 13 January 2015. Catchwords: CRIMINAL LAW - application for leave to appeal against conviction - drug offences - whether verdict is unreasonable - credibility of witnesses in question - otherwise strong circumstantial Crown case - appeal dismissed

CRIMINAL LAW - application for leave to appeal against sentence - error in back dating - Crown does not resist adjustment - sentence adjusted Cases Cited: Chamberlain v The Queen (No 2) [1984] HCA 7; (1984) 153 CLR 521 M v The Queen [1994] HCA 63; (1994) 181 CLR 487 MFA v The Queen [2002] HCA 53; (2002) 213 CLR 606 R v Hillier [2007] HCA 13; (2007) 228 CLR 618 SKA v The Queen [2011] HCA 13; (2011) 243 CLR 400 Category: Principal judgment Parties: Dennis Boyd (applicant) The Crown (respondent) Representation: Counsel: C Steirn SC, T Jones (applicant) J Pickering SC (respondent) Solicitors: One Group Legal (applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2009/158071 Decision under appeal Jurisdiction: 9101 Date of Decision: 2011-08-26 00:00:00 Before: Ashford DCJ File Number(s): 09/158071