Omorogbe v R [2013] NSWCCA 201

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Omorogbe v R [2013] NSWCCA 201 Hearing dates: 12 August 2013 Decision date: 17 September 2013 Before: Macfarlan JA at 1 Adams J at 14 Latham J at 20 Decision: Extension of time within which to file appeal granted. Leave to appeal granted. Appeal allowed. Quash sentence imposed on 2 February 2012. In lieu, the applicant is sentenced to four years' imprisonment, to date from 15 January 2011, expiring 14 January 2015, with a non-parole period of two years and six months, expiring 14 July 2013. Catchwords: CRIMINAL LAW - application for leave to appeal sentence - offence of attempted possession of marketable quantity of cocaine - guilty plea - whether sentence manifestly excessive - whether sentencing judge erred in not treating offence as isolated incident - whether evidence was capable of giving rise to inference appellant had engaged in prior criminal conduct - appeal allowed - sentence quashed - re-sentenced Legislation Cited: Crimes Act 1914 (Cth) Criminal Appeal Act 1912 Criminal Code (Cth) Cases Cited: Aoun v The Queen [2007] NSWCCA 292 Hanania v R [2012] NSWCCA 220 R v Phu Long Pham (unreported NSWDC 20 January 2012) R v Simpson [2001] NSWCCA 534 ; 53 NSWLR 704 R v Taru [2002] NSWCCA 391 Weininger v The Queen [2003] HCA 14; 212 CLR 629 Category: Principal judgment Parties: George Nosayama Omorogbe - (Applicant) Regina - (Cth Crown Respondent) Representation: Self-represented - (Applicant) L Crowley - (Cth Crown Respondent) Self-represented - (Applicant) Solicitor for the Cth Director of Public Prosecutions File Number(s): 2012/218689 Decision under appeal Date of Decision: 2012-02-02 00:00:00 Before: RH Solomon DCJ File Number(s): 2011/218689