Byrne v R [2015] NSWCCA 159

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Byrne v R [2015] NSWCCA 159 Hearing dates: 25 May 2015 Date of orders: 25 May 2015 Decision date: 24 June 2015 Before: Hoeben CJ at CL at [1]; Hidden J at [2]; Adams J at [21] Decision: Leave granted, appeal allowed. Sentence passed in the District Court quashed. Taking into account the matters on the Form 1, applicant re-sentenced on each count to imprisonment for a fixed term of 7 months, commencing on 25 October 2014 and expiring on 24 May 2015. Catchwords: CRIMINAL LAW – application for leave to appeal against sentence – 2 charges of supplying prohibited drugs – related Form 1 matters – strong subjective case, including positive response to drug rehabilitation – failure of sentencing judge to take into account pre-sentence custody – sentence reduced to time served Legislation Cited: Crimes Act 1900 Drug Misuse and Trafficking Act 1985 Firearms Act 1996 Cases Cited: EF v R [2015] NSWCCA 36 Kaminic v R [2014] NSWCCA 116 Category: Principal judgment Parties: Christopher Anthony Byrne (applicant) Regina (respondent Crown) Representation: Counsel: H Cox (applicant) N Williams (respondent Crown)

Solicitors: SE O'Connor – Legal Aid NSW (applicant) C Hyland – Solicitor for Public Prosecutions (respondent Crown) File Number(s): 2013/45039 Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 12 May 2014 Before: Maiden DCJ File Number(s): 2013/45039