LB v R [2013] NSWCCA 70

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: LB v R [2013] NSWCCA 70 Hearing dates: 19 February 2013 Decision date: 05 April 2013 Before: Bathurst CJ at [1] Hidden J at [2] Button J at [3] Decision: (1) Leave to appeal against sentence granted. (2) Appeal against sentence allowed. (3) Both sentences are quashed. (4) With regard to count two of knowingly taking part in the manufacture of not less than a large commercial quantity of methylamphetamine, the Court imposes a non-parole period of imprisonment for 2 years 7 months to commence on 19 September 2010 and expire on 18 April 2013, with a parole period of 1 year 8 months to commence on 19 April 2013 and expire on 18 December 2014. (5) With regard to count one of knowingly taking part in the manufacture of not less than a large commercial quantity of 3,4 methylenedioxymethylamphetamine and taking into account the matters on the Form 1, the Court imposes a non-parole period of imprisonment for 4 years 3 months to date from 19 April 2013 and expire on 18 July 2017, with a parole period of 3 years 4 months to date from 19 July 2017 and expire on 18 November 2020. (6) The earliest date upon which the applicant will be eligible to be considered for release to parole is 18 July 2017. Catchwords: CRIMINAL LAW - application for leave to appeal against sentence - assistance given to authorities - discord between expressed discount and discount applied - no other error asserted - sentence did not comply with s 23 Crimes (Sentencing Procedure) Act 1999 - applicant re-sentenced Legislation Cited: Criminal Appeal Act 1912 Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: Brown v R, R v Brown [2010] NSWCCA 73 R v Ehrlich [2012] NSWCCA 38 R v El Hani [2004] NSWCCA 162 R v Perez-Vargas (1986) 8 NSWLR 559 R v Sukkar [2006] NSWCCA 92 R v Waqa (No 2) [2005] NSWCCA 33; (2005) 156 A Crim R 454 SZ v R [2007] NSWCCA 19; (2007) 168 A Crim R 249 Category: Principal judgment Parties: LB (applicant) Regina (respondent) Representation: Counsel: T Game SC (applicant) N Noman SC (respondent) Solicitors: Gregory J Goold (applicant) Solicitor for Public Prosecutions (respondent) File Number(s): 2010/311841 Decision under appeal Jurisdiction: 9101 Date of Decision: 2011-08-26 00:00:00 Before: Garling DCJ File Number(s): 2011/311841