Plaisted v R [2015] NSWCCA 287

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Plaisted v R [2015] NSWCCA 287 Hearing dates: 21 August 2015 Date of orders: 19 November 2015 Decision date: 19 November 2015 Before: Basten JA [1]; Wilson J [11]; RS Hulme AJ [34] Decision: By majority (i) Grant leave to appeal; (ii) Allow the appeal; (iii) Quash the sentence imposed by Garling ADCJ; (iv) Sentence the Applicant to imprisonment for a non-parole period of 7 years commencing on 5 May 2011 together with a balance of term of 4 years commencing on 5 May 2018. (v) Record as the date upon which it appears to the Court that the Applicant will become for eligible for parole, 5 May 2018. Catchwords: CRIMINAL LAW – appeal against sentence – Drug Misuse & Trafficking Act 1985 (NSW) – objective seriousness of offence – offender involved in transport of drugs for syndicate

CRIMINAL LAW – appeal against sentence – whether sentence manifestly excessive – whether primary judge failed to distinguish between two offenders and to give sufficient recognition to differences between respective situations Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 44; Pt 4, Div 1A Drug Misuse and Trafficking Act 1985 (NSW), s 25 Criminal Appeal Act 1912 (NSW) Cases Cited: AMZ v R [2013] NSWCCA 6 Dinsdale v R [2000] HCA 54; (2000) 202 CLR 321 Green v R [2011] HCA 49; (2011) 244 CLR 462 Kentwell v R [2014] HCA 37; (2014) 252 CLR 601 Koh v R [2013] NSWCCA 287 Markarian v R [2005] HCA 25; (2005) 228 CLR 357 Category: Principal judgment Parties: Regina (Crown) Robert Plaisted (Applicant) Representation: Counsel: Mr H Baker (Crown) Mr W Hunt with Ms J Paingakulam (Applicant)