Eldridge v R; Mackay v R [2015] NSWCCA 127

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Eldridge v R; Mackay v R [2015] NSWCCA 127 Hearing dates: 12 February 2015 Decision date: 03 June 2015 Before: Hoeben CJ at CL at [1]; Johnson J at [2]; Hamill J at [185] Decision: Kelly Eldridge 1. Leave to appeal granted and appeal allowed. 2. Sentence imposed at the Bathurst District Court on 1 October 2013 is quashed. 3. Taking into account the offence on the Form 1, the Applicant is sentenced to imprisonment comprising a non-parole period of four years commencing on 10 November 2011 and expiring on 9 November 2015, with a balance of term of two years and nine months commencing on 10 November 2015 and expiring on 9 August 2018. 4. The earliest date upon which the Applicant will be eligible for release on parole is 10 November 2015. Suzanne Mackay 1. Leave to appeal granted and appeal allowed.

2. The sentence imposed on Count 2 in the Bathurst District Court on 1 October 2013 is confirmed. 3. The sentence imposed on Count 1 in the Bathurst District Court on 1 October 2013 is quashed. 4. On Count 1, the Applicant is sentenced to imprisonment comprising a non-parole period of four years and six months commencing on 8 November 2011 and expiring on 7 May 2016, with a balance of term of two years and seven months commencing on 8 May 2016 and expiring on 7 December 2018. 5. The earliest date upon which the Applicant will be eligible for release on parole is 8 May 2016. Catchwords: CRIMINAL LAW - sentence appeals - Applicants pleaded guilty to serious drug supply offences - Applicant Eldridge contends that sentencing Judge erred in failing to take into account her remorse and prospects of rehabilitation - ex tempore remarks on sentence concerning multiple offenders - held not demonstrated that sentencing Judge failed to take these factors into account - whether sentence manifestly excessive - held sentence not manifestly excessive - each Applicant advanced parity ground - claim of legitimate sense of grievance when comparing their sentences with those imposed on other co-offenders - parity ground made out - leave to appeal granted - appeals allowed - both Applicants resentenced Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Drug Misuse and Trafficking Act 1985 Cases Cited: Currie v R [2013] NSWCCA 267 Dinsdale v The Queen [2000] HCA 54; 202 CLR 321 Green v The Queen; Quinn v The Queen [2011] HCA 49; 244 CLR 462 Kentwell v The Queen [2014] HCA 37; 88 ALJR 947 Rae v R [2011] NSWCCA 211 Texts Cited: --- Category: Principal judgment Parties: Kelly Eldridge and Suzanne Mackay (Applicants) Regina (Respondent) Representation: Counsel: Ms HL Cox (Applicant Eldridge) Mr CJ Bruce SC (Applicant Mackay) Mr NJ Adams (Respondent)