AB v R [2013] NSWCCA 160

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: AB v R [2013] NSWCCA 160 Hearing dates: 15 February 2013 Decision date: 05 July 2013 Before: Hoeben CJ at CL at [1] Adams J at [4] Beech-Jones J at [77] Decision: (1) Grant leave to appeal. (2) Allow the appeal. (3) Quash the sentence in relation to count 2 and substitute the following sentence: The appellant is sentenced to a term of imprisonment with a non-parole period of 5 years and 4 months to date from 1 July 2008 and to expire 1 November 2013, with a balance of term of 2 years and 1 month, which will expire on 1 December 2015. (4) The sentence imposed on 24 February 2012 is varied to commence on 1 November 2013. Catchwords: CRIMINAL LAW - appeal against sentence - commercial supply of prohibited drugs - dealing with the proceeds of crime - two-stage approach by sentencing judge - dominance of standard non-parole period - whether financial reward an aggravating feature or inherent characteristic of offence - whether consideration of sentence appealed from affected by sentences not subject to appeal. Legislation Cited: Criminal Appeal Act 1912 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: Abbas, Bodiotis, Taleb and Amoun v R [2013] NSWCCA 115 Arnaout v R [2008] NSWCCA 278; 191 A Crim R 149 Attorney General's Application Under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518; (2002) 56 NSWLR 146 Bowden v R [2009] NSWCCA 45 Couloumbis v R [2012] NSWCCA 264 Elyard v R [2006] NSWCCA 43 Kerr v R [2008] NSWCCA 133 Marinellis v The Queen [2006] NSWCCA 307 McMahon v R [2011] NSWCCA 147 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 Pearce v R (1998) 194 CLR 610 R v Bottin [2005] NSWCCA 254 R v Dang [2005] NSWCCA 430 R v Georgiou [2005] NSWCCA 237 R v Grube [2005] NSWCCA 140 R v Kaldor (2004) 158 A Crim R 271 Category: Principal judgment Parties: AB (Applicant) Regina (Respondent) Representation: Counsel: D Carroll (Applicant) J G Girdham SC (Crown) Solicitors: Miers Legal (Applicant) Director of Public Prosecutions (Crown) File Number(s): 2008/12914 2008/258976 Decision under appeal Jurisdiction: 9101 Before: Flannery DCJ File Number(s): 2008/12914 2008/258976