Clapham v R [2016] NSWCCA 198

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Clapham v R [2016] NSWCCA 198 Hearing dates: 31 August 2016 Date of orders: 31 August 2016 Decision date: 31 August 2016 Before: Price J; Davies J; Garling J Decision: (1) Leave to appeal granted. (2) Appeal allowed. (3) Sentence imposed by Arnott SC DCJ on 12 February 2015 quashed. (4) The matter is remitted to the District Court at Sydney on 9 September 2016 at 9:30am to fix a date for sentence by a judge other than Arnott SC DCJ. Catchwords: CRIMINAL LAW – sentence appeal – charged with possession of a loaded firearm in a public place – charged with aggravated possession of an unregistered firearm in a public place without authority to possess the firearm – charged with maliciously damage property by fire – charged with deemed supply of a large commercial quantity of a prohibited drug – whether the sentence miscarried by reason of the failure of the applicant's counsel and solicitors to adequately prepare for and present his case on sentence Legislation Cited: Crimes Act 1900 (NSW), ss 93G, 93I, 195 Drug Misuse and Trafficking Act 1985 (NSW), s 25 Cases Cited: Pym v R [2014] NSWCCA 182 Zreika v R [2012] NSWCCA 44 Category: Principal judgment Parties: James Clapham (Applicant) Regina (Respondent) Representation: Counsel: T Game SC and LC Hutchinson (Applicant) N Adams (Respondent)

Solicitors: Armstrong Legal (Applicant) C Hyland – Solicitor for Public Prosecutions (Respondent) File Number(s): 2013/341139 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 12 February 2015 Before: Arnott SC DCJ File Number(s): 2013/341139