Z v R [2014] NSWCCA 323

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Z v R [2014] NSWCCA 323 Hearing dates: 23 July 2014 Decision date: 18 December 2014 Before: Hoeben CJ at CL at [1] McCallum J at [3] Garling J at [46] Decision: Leave to appeal be granted; appeal allowed; sentences passed at first instance quashed and in substitution therefor that the applicant be sentenced to a term of imprisonment with a non-parole period of 4 years and 6 months commencing on 1 April 2011 and expiring on 30 September 2015 and a balance of term of 2 years and 6 months expiring on 31 March 2018. Catchwords: CRIMINAL LAW - appeal against sentence - three drug offences - whether the sentencing judge erred in failing to adequately discount the applicant's sentence on the basis of his assistance to the authorities - whether the sentencing judge applied the correct maximum penalty - whether the sentencing judge erred in structuring the sentences - whether the degree of accumulation between the individual sentences is manifestly excessive and led to a total effective sentence which is manifestly excessive - principles in Kentwell Legislation Cited: Crimes (Sentencing Procedure) Act 1999, ss 23 and 53A Drug Misuse & Trafficking Act 1985, ss 22, 24(2), 25(1), 33 Cases Cited: Baxter v R [2007] NSWCCA 237; 173 A Crim R 284 C v R [2013] NSWCCA 8; 229 A Crim R 233 Kentwell v R [2014] HCA 37 R v Thompson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383 SZ v R [2007] NSWCCA 19; 168 A Crim R 249 Category: Principal judgment Parties: Z (Applicant) Regina (Respondent) Representation: Counsel: H Dhanji SC (Applicant) Solicitors: William O'Brien & Ross Hudson Solicitors (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2009/805827 Publication restriction: Non-publication order in relation to the names in evidence Decision under appeal Date of Decision: 2013-05-06 00:00:00 Before: Armitage DCJ File Number(s): 2009/805827