Anargiros v R [2016] NSWCCA 134

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Anargiros v R [2016] NSWCCA 134 Hearing dates: 23 June 2016 Date of orders: 11 July 2016 Decision date: 11 July 2016 Before: Ward JA at [1]; Price J at [2]; McCallum J at [39] Decision: Leave to appeal against sentence refused Catchwords: CRIMINAL LAW – appeal against sentence – poor health – whether decision to confine applicant's poor health to considerations of special circumstances and not to the head sentence was erroneous – concession made by applicant's senior counsel before sentencing judge – whether leave to appeal should be granted Legislation Cited: Drug Misuse and Trafficking Act 1985 (NSW), s 25 Firearms Act 1996 (NSW), ss 50A, 51B, 51BA, 65 Cases Cited: Bell v R; Jelisavac v R [2009] NSWCCA 206 Betts v R [2015] NSWCCA 39 R v Fidow [2004] NSWCCA 172 R v Qutami (2001) 127 A Crim R 369; [2001] NSWCCA 353 R v Sellen (1991) 57 A Crim R 313 Trindall v R [2013] NSWCCA 229 Zreika v R (2012) 223 A Crim R 460; [2012] NSWCCA 44 Category: Principal judgment Parties: John Anargiros (Applicant) Regina (Respondent) Representation: Counsel: P. Lange (Applicant) H. Baker (Respondent)

Solicitors: S. Alexander (Applicant) C. Hyland – Solicitor for Public Prosecutions (Respondent) File Number(s): 2013/172940 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 14 November 2014 Before: Bennett SC DCJ File Number(s): 2013/172940