R v Sward [2014] NSWCCA 259

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Sward [2014] NSWCCA 259 Hearing dates: 27 October 2014 Decision date: 14 November 2014 Before: Hoeben CJ at CL at [1] R A Hulme J at [2] Davies J at [3] Decision: 1. Uphold Crown appeal; 2. Quash the aggregate sentence imposed by Acting Judge Williams on 30 May 2014; 3. In lieu on Sequences 1, 2, 3, 4, 6 and 9 and taking into account the offences on a Form 1, the Respondent is sentenced to an aggregate sentence consisting of a non-parole period of 4 years and 6 months commencing on 9 October 2012 and expiring 8 April 2017 with an additional term of 2 years 6 months expiring 8 October 2019. 4. In respect of the offence on the s 166 certificate, confirm the sentence of 6 months imprisonment commencing 9 October 2012. Catchwords: CRIMINAL LAW - sell firearms to unauthorised person - supply drugs - sentencing - crown appeal - whether sentence manifestly inadequate - whether due regard given to maximum sentence and standard non-parole period for firearm offences Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Procedure Act 1986 (NSW) Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518; (2002) 56 NSWLR 146 Mack v R; Mack v R [2009] NSWCCA 216 Pearce v The Queen (1998) 194 CLR 610 Category: Principal judgment Parties: Crown Bernard Sward (Respondent) Representation: Counsel: J Girdham SC (Crown) R Burgess (Respondent) Solicitors: Solicitor for Public Prosecutions (Crown) Legal Aid NSW (Respondent) File Number(s): 2012/312930 Decision under appeal Date of Decision: 2014-05-30 00:00:00 Before: Williams ADCJ File Number(s): 2012/312930