Cassar v R [2013] NSWCCA 147

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Cassar v R [2013] NSWCCA 147 Hearing dates: 21 February 2013 Decision date: 27 June 2013 Before: Bathurst CJ at [1] Hidden J at [2] Button J at [9] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIMINAL LAW - application for leave to appeal against sentence - whether discount given for assistance insufficient - finding of value of assistance as low - subsequent sentence proceedings - different evaluation of value of assistance - whether post sentence events relevant to evaluation of value of assistance - no error - appeal dismissed Legislation Cited: Australian Passports Act 2005 (Cth) Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Code Act 1995 (Cth) Drug Misuse and Trafficking Act 1985 Passports Act 1938 (Cth) Cases Cited: JM v R [2008] NSWCCA 254 R v Bailey (1988) 35 A Crim R 458 R v Munday [1981] 2 NSWLR 177 R v Smith (1987) 27 A Crim R 375 Category: Principal judgment Parties: Charles Michael Cassar (applicant) Regina (respondent) Representation: Counsel: T Watts (applicant) P Ingram SC (respondent) Solicitors: Burston Cole & Associates (applicant) Solicitor for Public Prosecutions File Number(s): 2008/19272 Decision under appeal Jurisdiction: 9101 Date of Decision: 2010-04-16 00:00:00 Before: Ainslie-Wallace DCJ File Number(s): 2008/19272