YY v Regina [2016] NSWCCA 124

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: YY v Regina [2016] NSWCCA 124 Hearing dates: 20 April 2016 Date of orders: 24 June 2016 Decision date: 24 June 2016 Before: Harrison J at [1]; RA Hulme J at [67]; Schmidt J at [68]. Decision: (1) Allow the appeal. (2) Quash the sentence for Count 3 imposed by this Court in March 2011. (3) In lieu of the sentence imposed by this Court for Count 3 in March 2011, sentence the appellant to a term of imprisonment of 8 years and 3 months commencing on 26 August 2009 and expiring on 25 November 2017 with a balance of term of 2 years and 9 months expiring on 25 August 2020. (4) The first date upon which the appellant will become eligible for release on parole is 26 November 2017. Catchwords: APPEAL – criminal appeal – sentence – large commercial quantity of prohibited drugs – where Muldrock error identified – strong post-sentence subjective case Legislation Cited: Crimes Act 1900 Crimes (Appeal and Review) Act 2001 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Drug Misuse and Trafficking Act 1985 Cases Cited: House v The King [1936] HCA 40; (1936) 55 CLR 499 Kentwell v The Queen [2014] HCA 37; (2014) 252 CLR 601 Louizos v R [2014] NSWCCA 242 Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 Category: Principal judgment Parties: YY (Applicant) Crown (Respondent) Representation: Counsel: T Game SC with J Roy (Applicant) H Baker (Respondent)