Lambert v R [2015] NSWCCA 22

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Lambert v R [2015] NSWCCA 22 Hearing dates: 11 February 2015 Decision date: 03 March 2015 Before: Ward JA at [1]; Simpson J at [2]; Davies J at [53] Decision: (1) Extend the time within which to apply for leave to appeal against the sentence imposed on 29 January 2013;

(2) Refuse leave to appeal against that sentence;

(3) Grant leave to appeal against the sentence imposed on 28 February 2014;

(4) Allow the appeal against that sentence;

(4A) Quash the sentence imposed on 28 February 2014;

(5) Remit the proceedings to the District Court for further hearing. Catchwords: APPEAL - supply of a prohibited drug - whether appropriate weight attributed to applicant's personal history - Bugmy v The Queen [2013] HCA 37 - substantial weight attributed - leave to appeal refused

APPEAL - breach of good behaviour bond - bond revoked - applicant sentenced to term of imprisonment - whether error in failing to consider non-custodial sentences - Crimes (Sentencing Procedure) Act 1999 (NSW), s 7, s 12, s 98 and s 99 - power of appellate to entertain new issues in the interest of justice - R v Birks (1990) 19 NSWLR 677 - uncertain suitability of appellant for intensive correction order - proceedings remitted to District Court for further consideration

APPEAL - sentencing - whether error in declining to find special circumstances justifying reduction in non-parole period - first custodial sentence of offender - Crimes (Sentencing Procedure) Act 1999 (NSW), s 44 - no error Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (Administration of Sentences) Regulation 2008 (NSW), cl 175 Crimes (Sentencing Procedure) Act 1999 (NSW), s 6, s 7, s 12, s 44(2), s 50, s 67(1)(b), s 98, s 99, Pt 4, Pt 5 Criminal Appeal Act 1912 (NSW), s 6(3) Drug Misuse and Trafficking Act 1985 (NSW), s 25(1), s 29 Cases Cited: Bugmy v The Queen [2013] HCA 37; 249 CLR 571 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 R v Birks (1990) 19 NSWLR 677 R v Boughen; R v Cameron [2012] NSWCCA 17; 215 A Crim R 476 R v Pogson; R v Lapham; R v Martin [2012] NSWCCA 225; 82 NSWLR 60 R v Way [2004] NSWCCA 131; 60 NSWLR 168 R v Zerafa [2012] NSWSC 978 R v Zreika [2012] NSWCCA 44; 223 A Crim R 460 Category: Principal judgment Parties: Rachel Jaia Lambert (Applicant) Regina (Respondent) Representation: Counsel: I McLachlan (Applicant) J Girdham SC (Respondent)