Lander v R [2014] NSWCCA 198

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Lander v R [2014] NSWCCA 198 Hearing dates: 28.07.2014 Decision date: 01 October 2014 Before: Hoeben CJ at CL at [1] Beech-Jones J at [60] Hamill J at [61] Decision: (1) Grant leave to appeal. (2) The appeal is dismissed. (3) The grant of bail is hereby revoked and the applicant is to be returned to custody forthwith to complete the sentence imposed by Freeman ADCJ. The applicant is to be released to parole on 31 December 2014 and as a condition of his parole, he is to be subject to supervision by the Probation and Parole Service. Catchwords: CRIMINAL LAW - sentence appeal - three counts of supply MDMA and two counts of supply cannabis - effective sentence of imprisonment with a non-parole period of 9 months and a balance of term of 18 months - plea of guilty at early point in time - failure by a sentencing judge to mention discount for early plea - whether applicant received discount for early plea - whether finding beyond reasonable doubt that the applicant was a "conduit" was open on the evidence - whether sentences manifestly excessive - appeal dismissed. Legislation Cited: Criminal Procedure Act 1986 - s166(1)(b) Drug Misuse and Trafficking Act 1985 - s25(1) Cases Cited: Abdul v R [2013] NSWCCA 247 Markarian v R [2005] HCA 25; 228 CLR 357 Peiris v R [2014] NSWCCA 58 R v Olbrich [1999] HCA 54; 199 CLR 270 R v Thomson; R v Houlton [2000] NSWCCA 309 49 NSWLR 383 Regina v Lawrence [2005] NSWCCA 91 Regina v Schumacher [2005] NSWCCA 355 Category: Principal judgment Parties: Rory Douglas Lander - Applicant Regina - Respondent Crown Representation: Counsel: Ms H Cox - Applicant Mr L Babb SC - Respondent Crown Solicitors: SE O'Connor, Legal Aid NSW - Applicant S Kavanagh, Solicitor for Public Prosecutions - Respondent Crown File Number(s): 2013/141075 Decision under appeal Date of Decision: 2013-11-15 00:00:00 Before: Freeman ADCJ File Number(s): 2013/141075