Nair v R [2013] NSWCCA 79

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Nair v R [2013] NSWCCA 79 Hearing dates: 21 March 2013 Decision date: 18 April 2013 Before: Basten JA at [1]; Simpson J at [33]; Blanch J at [65] Decision: (1) Grant leave to appeal. (2) Allow the appeal in respect of Count 1 and quash the sentence imposed in the District Court and sentence the applicant to a fixed term of imprisonment of 6 months to date from 9 January 2010. (3) Dismiss the appeal against the sentence imposed in respect of the third count of supply prohibited drug and confirm the sentence but the sentence of 2 years, 9 months and 23 days should date from 9 January 2010 with a balance of term of 11 months and 8 days. (4) Dismiss the appeal against the sentence on the second count of manslaughter and confirm the sentence of 2 years with a balance of term of 2 years and 6 months but that sentence should commence on 1 August 2012. He would be eligible for release to parole on 31 July 2014. Catchwords: CRIMINAL LAW - sentencing - procedural fairness - where primary judge indicated intention to impose a non-custodial sentence - where offender later received custodial sentence - whether counsel for offender deprived of opportunity to make submissions in favour of leniency

CRIMINAL LAW - sentencing - supply prohibited drug contrary to Drug Misuse and Trafficking Act 1985 (NSW), s 25(1) - whether sentence manifestly excessive - where offence committed on conditional bail - where offence contrary to conditions of bail - where separate offences taken into account on Form 1