Grover v R; Grover v R [2014] NSWCCA 315

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Grover v R; Grover v R [2014] NSWCCA 315 Hearing dates: 25/09/2014 Decision date: 19 December 2014 Before: Hoeben CJ at CL at [1]; Fullerton J at [2]; R A Hulme J at [78] Decision: Daniel Grover 1.Leave to appeal granted. 2. Appeal allowed. 3. The sentence imposed on Count 1 of the first indictment, "the possession count", is confirmed. 4. Sentences imposed on each of Counts 1, 2 and 3 on the second indictment (being the supply counts of 24 May 2011, 11 June 2011 and 2 August 2011 respectively) are quashed and the following sentences are imposed in substitution: a.On Count 1, a sentence of imprisonment of 9 years and 6 months with a non-parole period of 5 years and a balance of term of 4 years and 6 months. The non-parole period is to commence on 3 August 2012 and to expire on 2 August 2017. b.On Count 2, a sentence of imprisonment of 9 years and 6 months with a non-parole period of 5 years and a balance of term of 4 years and 6 months. The non-parole period is to commence on 3 August 2013 and to expire on 2 August 2018. c.On Count 3, a sentence of imprisonment of 9 years and 6 months with a non-parole period of 5 years and a balance of term of 4 years and 6 months. The non-parole period is to commence on 3 August 2014 and to expire on 2 August 2019. 5. The applicant will be eligible for release to supervised parole on 2 August 2019. Brian Grover 1.Leave to appeal granted. 2. Appeal allowed. 3. The sentence imposed on Count 1 of the first indictment, "the possession count", is confirmed. 4. Sentences imposed on each of Counts 1, 2 and 3 on the second indictment, being the supply counts of 24 May 2011, 11 June 2011 and 2 August 2011 respectively, are quashed and the following sentences are imposed in substitution: a.On Count 1, a sentence of imprisonment of 9 years with a non-parole period of 4 years and 6 months and a balance of term of 4 years and 6 months. The non-parole period is to commence on 3 August 2012 and to expire on 2 February 2017. b.On Count 2, a sentence of imprisonment of 9 years with a non-parole period of 4 years and 6 months and a balance of term of 4 years and 6 months. The non-parole period is to commence on 3 August 2013 and to expire on 2 February 2018. c.On Count 3, a sentence of imprisonment of 9 years with a non-parole period of 4 years and 6 months and a balance of term of 4 years and 6 months. The non-parole period is to commence on 3 August 2014 and to expire on 2 February 2019. 5. The applicant will be eligible for release to supervised parole on 2 February 2019. Catchwords: CRIMINAL LAW - appeal against sentences - possession of pseudoephedrine as a precursor intending that it be used by another person in the manufacture of a prohibited drug - supply of pseudoephedrine as a prohibited drug - whether sentencing judge erred in assessment of objective seriousness - whether sentences individually and in aggregate manifestly excessive - parity - principles of totality Legislation Cited: Drug Misuse and Trafficking Act 1985 (NSW), ss 24A(1)(a), 24A(3), 25(2) Cases Cited: Barbaro v R; Zirilli v R [2014] HCA 2; 305 ALR 323 DS v R [2014] NSWCCA 267 Hili v R; Jones v R [2010] HCA 45; 242 CLR 520 House v The King [1936] HCA 40; 55 CLR 499 Ibrahim Jidah v R [2014] NSWCCA 269 Kaminic v R [2014] NSWCCA 116 Pham v R [2010] NSWCCA 208 R v Cousins [2002] NSWCCA 340; 132 A Crim R 444 R v El Helou [2010] NSWCCA 111 R v Jalalaty [2010] NSWSC 1561 R v Nguyen [2006] NSWCCA 369; 166 A Crim R 124 R v Phan & Ors [2009] NSWDC 181 R v Standen [2011] NSWSC 1422 Tran [2014] NSWCCA 32 Wilson v R [2014] NSWCCA 266 Yousef Jidah [2014] NSWCCA 270 Category: Principal judgment Parties: Brian Edward Grover (1st Applicant) Daniel Stephen Grover (2nd Applicant) The Crown (Respondent) Representation: Counsel: D Barrow (1st Applicant) T Game SC (2nd Applicant) G Rowling (Crown) Solicitors: One Group Legal Pty Ltd (1st Applicant) Giddy & Crittenden (2nd Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2011/41930; 2011/249466 2010/408561; 2011/249498 Decision under appeal Jurisdiction: 9101 Date of Decision: 2013-05-16 00:00:00 Before: English DCJ File Number(s): 2011/41930; 2011/249466 2010/408561; 2011/249498