Grills v R [2016] NSWCCA 46

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Grills v R [2016] NSWCCA 46 Hearing dates: 9 November 2015 Decision date: 01 April 2016 Before: Beazley P at [1] Davies J at [2] R S Hulme AJ at [47] Decision: (1) Leave to appeal granted (2) Appeal dismissed Catchwords: CRIMINAL LAW – sentencing – supply prohibited drug – possess prohibited firearm – totality principle – whether the sentence for one offence can comprehend the criminality of the other - relationship of firearms to drug supply business – whether extent of accumulation produced a manifestly excessive overall sentence – no challenge to individual sentences Legislation Cited: Firearms Act 1996 (NSW) Weapons Prohibition Act 1998 (NSW) Cases Cited: Ayshow v R [2011] NSWCCA 240 JT v R [2012] NSWCCA 133 R v AZ [2011] NSWCCA 43 R v Holder and Johnston [1983] 3 NSWLR 245 R v Najem [2008] NSWCCA 32 R v XX [2009] NSWCCA 115; (2009) 195 A Crim R 38 Category: Principal judgment Parties: Rodney Craig Grills (Applicant) Crown (Respondent) Representation: Counsel: A Webb (Applicant) M Cinque SC (Crown)

Solicitors: S E O'Connor (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2013/334205 Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 19 December 2014 Before: McLoughlin DCJ File Number(s): 2013/334205