Jadron v R [2015] NSWCCA 217

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Jadron v R [2015] NSWCCA 217 Hearing dates: 17 July 2015 Date of orders: 17 August 2015 Decision date: 17 August 2015 Before: Leeming JA at [1] Hamill J at [2] Fagan J at [3] Decision: (1) Leave to appeal is granted. (2) The appeal is allowed in part. (3) Order that the sentence imposed in the District Court for Count 3 be amended to the effect that the non-parole period of 12 months commence 22 May 2013 and expire 21 May 2014 and the balance term of the said sentence commence 22 May 2014 and expire 21 March 2015. (4) Order that the sentence imposed in the District Court for Count 1 be amended to the effect that the non-parole period of 1 year 9 months commence 22 November 2013 and expire 21 August 2015 and the balance term of the said sentence commence 22 August 2015 and expire 21 March 2017. (5) The Appellant will be eligible for release on parole upon the expiration of the non-parole period fixed by Order (4). Catchwords: CRIMINAL LAW – appeal against sentence – ongoing supply prohibited drugs – whether De Simoni principle applicable – distinction between particular of commission of offence and circumstance of aggravation CRIMINAL LAW – appeal against sentence – principle of totality Legislation Cited: Crimes Act 1900 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Director of Public Prosecutions v Merriman [1973] AC 584 Hamzy v R (1994) 74 A Crim R 341 Nahlous v R [2010] NSWCCA 58; 77 NSWLR 463 R v Bright [1916] 2 KB 441 R v De Simoni (1981) 147 CLR 383 R v F (1996) 90 A Crim R 356 R v Haidar [2004] NSWCCA 350 R v Kane (1975) VR 658 R v Locchi (1991) 22 NSWLR 309 R v Toomey [1964] Crim LR 419 Savvas v The Queen (1995) 183 CLR 1 Thorn v R [2009] NSWCCA 294; 198 A Crim R 135 Category: Principal judgment Parties: Sabaoon Jadron (Applicant) Regina (Respondent) Representation: Counsel: H Dhanji SC (Applicant) NJ Adams SC (Respondent)