Crawford v R [2013] NSWCCA 269

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Crawford v R [2013] NSWCCA 269 Hearing dates: 9 October 2013 Decision date: 08 November 2013 Before: Gleeson JA at [1] R A Hulme J at [2] Adamson J at [55] Decision: 1. Leave to appeal granted. 2. Appeal allowed. 3. Quash the sentence imposed in the District Court for the offence of cultivating, by enhanced indoor means, a commercial quantity of cannabis. 4. In lieu, sentence the applicant to imprisonment comprising a non-parole period of 5 years and 7 months with a balance of the term of the sentence of 1 year 11 months. The sentence is to date from 31 May 2010. The earliest day on which the applicant will become eligible to be released on parole is 31 December 2015. Catchwords: CRIMINAL LAW - sentence appeal - cultivation of large commercial quantity of cannabis by enhanced indoor means - asserted Muldrock error - evidence categorisation of offence in relation to the "midrange" and reliance upon standard non-parole period as significant - need to resentence - consideration of personal matters occurring since incarceration Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Drugs Misuse and Trafficking Act 1985 (NSW) Cases Cited: Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 R v Way [2004] NSWCCA 131; (2004) 60 NSWLR 168 Zreika v R [2012] NSWCCA 44 Category: Principal judgment Parties: John Crawford (Applicant) Regina (Respondent) Representation: Counsel: Ms A Francis (Applicant) Ms S Herbert (Crown) Solicitors: Legal Aid NSW Solicitor for Public Prosecutions File Number(s): 2010/135160 Decision under appeal Jurisdiction: 9101 Date of Decision: 2011-05-25 00:00:00 Before: Black QC DCJ File Number(s): 2010/135160