Baquiran v R [2014] NSWCCA 221

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Baquiran v R [2014] NSWCCA 221 Hearing dates: 11 August 2014 Decision date: 17 October 2014 Before: Macfarlan JA at [1]; Adamson J at [66]; Bellew J at [67] Decision: (1) Leave to appeal against sentence granted. (2) Appeal allowed. (3) Quash the sentences imposed by the District Court on the applicant on 5 April 2013 and substitute the following sentences. (4) On count 1 of the Indictment, sentence the applicant to 10 years imprisonment consisting of a non-parole period of 6 years and 8 months commencing on 28 January 2010 and expiring on 27 September 2016, and an additional term of 3 years and 4 months expiring on 27 January 2020. This sentence takes into account the matters on the applicable Form 1. (5) On count 2 of the Indictment, sentence the applicant to a term of 5 years and 6 months imprisonment consisting of a non-parole period of 3 years and 8 months commencing on 28 January 2013 and expiring on 27 September 2016, and an additional term of 1 year and 10 months expiring on 27 July 2018. (6) The total sentence to which the applicant is sentenced is 10 years imprisonment consisting of a non-parole period of 6 years and 8 months commencing on 28 January 2010 and expiring on 27 September 2016 and an additional term of 3 years and 4 months expiring on 27 January 2020. (7) Accordingly, the applicant will be eligible for release on parole on 28 September 2016. Catchwords: CRIMINAL LAW - sentence - applicant pleaded guilty to two counts of supply of methylamphetamine - parity - whether justifiable sense of grievance in light of sentences imposed on co-offenders - whether sentencing judge bound by factual findings in remarks on sentence for co-offenders - whether sentencing judge erred in finding that the applicant was the principal of drug supply syndicate - what constitute proper bases for finding of special circumstances Legislation Cited: Crimes Act 1900 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Collier v R [2012] NSWCCA 213 Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; 79 NSWLR 1 Green v The Queen [2011] HCA 49; 244 CLR 462 Ith v R [2013] NSWCCA 280 Langbein v R [2008] NSWCCA 38; 181 A Crim R 378 R v Henry [1999] NSWCCA 111; 46 NSWLR 346 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 R v Chandler [2012] NSWCCA 135 R v Olbrich [1999] HCA 54; 199 CLR 270 R v Tisalandis [1982] 2 NSWLR 430 R v Tuuta [2014] NSWCCA 40 Category: Principal judgment Parties: Jerry Uda Baquiran (Applicant) Regina (Respondent) Representation: Counsel: D Carroll (Applicant) V Lydiard (Respondent) Solicitors: S E O'Connor, Legal Aid NSW (Applicant) S Kavanagh, Solicitor for Public Prosecutions (Respondent) File Number(s): 2010/25515 Decision under appeal Jurisdiction: 9101 Date of Decision: 2013-04-05 00:00:00 Before: Knox DCJ File Number(s): 2010/25515