Bennett v R [2015] NSWCCA 56

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Bennett v R [2015] NSWCCA 56 Hearing dates: 20 March 2015 Decision date: 08 April 2015 Before: Simpson J at [1] Rothman J at [2] Adamson J at [3] Decision: 1. Grant leave under rule 4 of the Criminal Appeal Rules 1952 (NSW) in respect of the first ground of appeal against conviction.

2. Dismiss the appeal against conviction.

3. Refuse leave to appeal against sentence. Catchwords: CRIMINAL LAW – statutory amendment required two counts to be included on indictment for conspiracy although single conspiracy alleged – defence at trial did not differentiate between periods of the respective counts as far as appellant's intention concerned – whether trial judge's direction to return consistent verdicts in answer to jury's question gave rise to miscarriage of justice in circumstances where defence counsel agreed with the direction – appellant bound by counsel's conduct of trial CRIMINAL LAW – appeal against sentence – parity and proportionality – whether sentences gave rise to justifiable grievance when compared with sentences imposed on co-conspirators CRIMINAL LAW – appeal against sentence – whether cumulative sentence manifestly excessive – appropriate approach where offending conduct comprised one conspiracy Legislation Cited: Crimes Act 1914 (Cth), ss 29D, 86 Criminal Appeal Rules 1952 (NSW), r 4 Criminal Code Act 1995 (Cth), s 135.4 Cases Cited: Agius v The Queen [2013] HCA 27; 248 CLR 601 Hili v The Queen; Jones v The Queen [2010] HCA 45; 242 CLR 520 James v The Queen [2014] HCA 6 Lane v R [2013] NSWCCA 317 Pemble v The Queen [1971] HCA 20; 124 CLR 107 R v Birks (1990) 19 NSWLR 677 R v Agius; R v Zerafa [2012] NSWSC 978 R v Green; R v Quinn [2011] HCA 49; 244 CLR 462 R v Ronen [2006] NSWCCA 123 R v Zerafa [2013] NSWCCA 222 Wong v The Queen [2001] HCA 64; 207 CLR 584 Category: Principal judgment Parties: Mark Patrick Bennett (Appellant) Regina (Respondent) Representation: Counsel: A Francis (Appellant) S McNaughton SC (Respondent)