R v Thomson [2016] NSWCCA 56

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Thomson [2016] NSWCCA 56 Hearing dates: 24 March 2016 Date of orders: 18 April 2016 Decision date: 18 April 2016 Before: Hoeben CJ at CL at [1] Harrison J at [77] Davies J at [78] Decision: (1) The Crown appeal is allowed. (2) The sentences imposed by his Honour on 28 September 2015 are quashed. (3) In lieu thereof, the respondent is sentenced as follows: (i) In respect of the State offences, including the matter on the Form 1, the respondent is sentenced to an aggregate sentence of imprisonment with a non-parole period of 6 years commencing 19 January 2012 and expiring 18 January 2018 with a balance of term of 3 years expiring 18 January 2021. (ii) In respect of the Commonwealth offence, the respondent is sentenced to imprisonment with a non-parole period of 7½ years commencing 19 January 2015 and expiring 18 July 2022 with a balance of term of 6½ years expiring 18 January 2029. Catchwords: CRIMINAL LAW – Crown appeal against sentence – conspiracy to import substantive quantity of drugs including 3.96kgs pure cocaine and 2.25kgs pure MDMA and supply large commercial quantity 1.97kgs methylamphetamine – conspiracy to import and large commercial supply separate and discrete offences – sentence for large commercial supply fully concurrent with sentence for conspiracy to import – objective seriousness of each offence high – modest subjective case – need to ensure public confidence in the administration of criminal justice – error in sentences not being partially cumulative – need to re-sentence. Legislation Cited: Crimes Act 1914 (Cth) – s 16A Crimes (Sentencing Procedure) Act 1999 (NSW) – s 32 Criminal Appeal Act 1912 (NSW) – s 5D Criminal Code Act 1995 (Cth) – ss 11.1(5) and 307.1(1) Drug Misuse and Trafficking Act 1985 (NSW) – ss 25(1), 25(2) Weapons Prohibition Act 1998 (NSW) – s 7(1) Cases Cited: CMB v Attorney General for New South Wales [2015] HCA 9 Dinsdale v The Queen [2000] HCA 54; 202 CLR 321 Everett v The Queen [1994] HCA 49; 181 CLR 295 Green v The Queen; Quinn v The Queen [2011] HCA 49; 244 CLR 462 Griffiths v The Queen [1977] HCA 44; 137 CLR 293 Hili v The Queen; Jones v The Queen [2010] HCA 45; 242 CLR 520 House v R [1936] HCA 40; 55 CLR 499 Kentwell v The Queen [2014] HCA 37; 252 CLR 601 Makarian v The Queen [2005] HCA 25; 228 CLR 357 Pannowitz v R [2016] NSWCCA 13 R v Hammoud [2000] NSWCCA 540; 118 A Crim R 66 R v Thomson (District Court (NSW), Williams SC DCJ, 28 September 2015, unrep) Regina v Cahyadi [2007] NSWCCA 1 Regina v XX [2009] NSWCCA 115 SZ v Regina [2007] NSWCCA 19; 168 A Crim R 249 Category: Principal judgment Parties: Regina – Appellant Crown Reese Daniel Thomson - Respondent Representation: Counsel: Mr Bourke SC – Appellant Crown Mr G Scragg - Respondent