Batty v R [2016] NSWCCA 121

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Batty v R [2016] NSWCCA 121 Hearing dates: 8 June 2016 Date of orders: 21 June 2016 Decision date: 21 June 2016 Before: Beazley P at [1] Garling J at [2] Fagan J at [72] Decision: Leave to appeal refused. Catchwords: CRIMINAL LAW – appeal against sentence for supply of a prohibited drug – Drug (Misuse and Trafficking) Act 1985 s 25(1) – where offence committed while on conditional liberty – where sentence partially accumulated on balance of the parole period – whether sentencing Judge regarded the applicant's commission of the offence while on parole as an aggravating factor – whether sentencing Judge erroneously 'double counted' the fact that the offence was committed while on parole Legislation Cited: Criminal Appeal Act 1912 Drug (Misuse and Trafficking) Act 1985 Cases Cited: DPP (Cth) v De La Rosa [2010] NSWCCA 194 Markarian v R [2005] HCA 25; (2006) 228 CLR 357 R v DW [2012] NSWCCA 66 Texts Cited: Not Applicable Category: Principal judgment Parties: Steven James Batty (Applicant) Crown Representation: Counsel: R Rodger (Applicant) V Lydiard (Crown)

Solicitors: S E O'Connor – Legal Aid NSW (Applicant) C Hyland – Solicitor for Public Prosecutions File Number(s): 2014/181832 Publication restriction: Not Applicable Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 10 June 2015 Before: Woods DCJ File Number(s): 2014/181832