Dries v R [2014] NSWCCA 228

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Dries v R [2014] NSWCCA 228 Hearing dates: 1 October 2014 Decision date: 23 October 2014 Before: Hoeben CJ at CL: [1] Rothman J: [2] RA Hulme J: [49] Decision: 1.Grant leave to appeal; 2.Appeal dismissed. Catchwords: CRIMINAL LAW - SENTENCING - appeal - agreed facts contained error as to purity affecting one smaller quantity of drugs in one offence - two offences - no error disclosed - no real possibility that error impacted on aggregate sentence imposed, nor relevant indicative sentence - applicant conceded could not have affected non-parole period - error by counsel did not affect result Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Drug Misuse and Trafficking Act 1985 Cases Cited: House v R [1936] HCA 40; (1936) 55 CLR 499 R v Blair [2005] NSWCCA 78; (2005) 152 A Crim R 462 Category: Principal judgment Parties: Shannon Dries (Applicant) Regina (Respondent) Representation: Counsel: C Simpson (Applicant) NJ Adams (Respondent/Crown) Solicitors: Thompson Madden (Applicant) J Pheils, Solicitor for Public Prosecutions (Respondent/Crown) File Number(s): 2012/237563 Publication restriction: None Decision under appeal Date of Decision: 2013-10-29 00:00:00 Before: Sides QC DCJ File Number(s): 2013/237563