Williams v R [2016] NSWCCA 68

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Williams v R [2016] NSWCCA 68 Hearing dates: 22 March 2016 Date of orders: 04 May 2016 Decision date: 04 May 2016 Before: Hoeben CJ at CL at [1]; Harrison J at [2]; Davies J at [61] Decision: 1. Grant leave to appeal. 2. Dismiss the appeal. Catchwords: CRIMINAL LAW – appeal against sentence – supply commercial quantity of prohibited drug and other offences – aggregate sentence – whether judge erred in assessment of objective seriousness – principle of totality – whether judge erred in failing to take account of the principle – parity – whether justifiable sense of grievance – whether judge placed undue weight on protection of community and offences alleged to have been committed in custody – whether sentence manifestly excessive Legislation Cited: Drug Misuse and Trafficking Act 1985 Cases Cited: Cahyadi v Regina [2007] NSWCCA 1; (2007) 188 A Crim R 41 Delaney v R; R v Delaney [2013] NSWCCA 150 House v R [1936] HCA 40; (1936) 54 CLR 499 JM v Regina [2014] NSWCCA 297 Mulato v R [2006] NSWCCA 282 R v Achurch [2011] NSWCCA 186; (2011) 216 A Crim R 152 Category: Principal judgment Parties: Michael Williams (Applicant) Crown (Respondent) Representation: Counsel: A Miller (Applicant) P Ingram SC (Respondent)

Solicitors: HNT Legal (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2012/293870 Publication restriction: Nil Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 7 November 2014 Before: Bennett SC DCJ File Number(s): 2012/293870