Allen v R [2014] NSWCCA 193

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Allen v R [2014] NSWCCA 193 Hearing dates: 2 September 2014 Decision date: 25 September 2014 Before: Beazley P at [1]; R A Hulme J at [2]; Garling J at [34] Decision: 1. Leave to appeal against sentence granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW - appeal against sentence - knowingly take part in supply of commercial quantity of prohibited drug - no error in characterising offender as above "mere" courier - focus should be on actual activity - sentence not unreasonable or plainly unjust - sentence does not offend parity principle Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Green v The Queen; Quinn v The Queen [2011] HCA 49; 244 CLR 462 Makarian v The Queen [2005] HCA 25; 228 CLR 357 Paxton v R [2011] NSWCCA 242; 219 A Crim R 104 The Queen v Olbrich [1999] HCA 54; 199 CLR 270 Category: Principal judgment Parties: Andrew Charles Allen (Applicant) Regina (Respondent) Representation: Counsel: Mr A Miller (Applicant) Ms S Dowlling (Crown) Solicitors: William Whitby Lawyers Solicitor for Public Prosecutions File Number(s): 2013/87363 Decision under appeal Jurisdiction: 9101 Date of Decision: 2013-12-13 00:00:00 Before: Frearson SC DCJ File Number(s): 2013/87363