Greer v R [2015] NSWCCA 312

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Greer v R [2015] NSWCCA 312 Hearing dates: 4 December 2015 Decision date: 04 December 2015 Before: Ward JA at [1]; R A Hulme J at [2]; Fagan J at [37] Decision: 1. Leave to appeal allowed. 2. Appeal against sentence upheld. 3. Confirm the sentences imposed in the District Court on 27 May 2014 except insofar as to specify a non-parole period for count 2 (ongoing supply of methylamphetamine) of 4 years and specify that that sentence commence on 1 September 2011. The non-parole period for count 2 expired on 31 August 2015. The applicant is now eligible for release on parole. Catchwords: CRIMINAL LAW – appeal against sentence – two offences of ongoing supply of prohibited drugs – supply during same period but of different drugs - primary judge accumulated sentences by three years – additional criminality in second offence not substantial – accumulation excessive Legislation Cited: Drugs Misuse and Trafficking Act 1985 (NSW) s 25A Cases Cited: Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41 Markarian v The Queen [2005] HCA 25; 228 CLR 357 MMK v R [2006] NSWCCA 272; 164 A Crim R 481 R v Hammoud [2000] NSWCCA 540; 118 A Crim R 66 Category: Principal judgment Parties: George Greer (Applicant) Regina (Respondent) Representation: Counsel: Mr J Glissan ESM QC (Applicant) Mr E Balodis (Crown)

Solicitors: Lenz Legal Solicitor for Public Prosecutions File Number(s): 2010/291358 Decision under appeal Court or tribunal: District Court Date of Decision: 27 May 2014 Before: Freeman ADCJ File Number(s): 2010/291358