Bidgood v R [2016] NSWCCA 138

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Bidgood v R [2016] NSWCCA 138 Hearing dates: 15 June 2016 Decision date: 15 July 2016 Before: Bathurst CJ at [1] Davies J at [2] R S Hulme AJ at [72] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIMINAL LAW - appeal – appeal against sentence – cultivate and supply prohibited drugs – ongoing supply – whether engaging in supply for financial reward is aggravating factor – whether applicant disentitled to the benefit of prior good character by reference to present offending – whether error in considering sentences of offenders connected to applicant but not co-offenders – re-sentence – no lesser sentence warranted Legislation Cited: Drugs Misuse and Trafficking Act 1985 (NSW) Cases Cited: Kentwell v The Queen [2014] HCA 37; (2014) 252 CLR 601 Ryan v The Queen [2001] HCA 21; (2001) 206 CLR 267 Category: Principal judgment Parties: Adrian Paul Bidgood (Applicant) Crown (Respondent) Representation: Counsel: I McLachlan (Applicant) P Ingram SC (Respondent)

Solicitors: P Blaxell (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2014/37125 Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 10 April 2015 Before: English DCJ File Number(s): 2014/37125