R v Medd (a pseudonym) [2016] NSWCCA 216

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Medd (a pseudonym) [2016] NSWCCA 216 Hearing dates: 8 June 2016 Date of orders: 10 November 2016 Decision date: 10 November 2016 Before: Beazley P Garling J Fagan J Decision: 1. The appeal is allowed.

2. The aggregate sentence imposed by his Honour Judge Whitford DCJ on 16 December 2015 is quashed. 3. In lieu thereof Medd is sentenced to an aggregate sentence for both counts of imprisonment for a non-parole period of 7 years to commence 29 August 2013 and to expire 28 August 2020 and a balance of term of 2 years 4 months to commence 29 August 2020 and to expire 28 December 2022. Medd will be eligible for release on parole upon the expiry of the non-parole period of the aggregate sentence. Catchwords: CRIMINAL LAW – appeal against sentence – supply of large commercial quantity of methylamphetamine –manifest inadequacy – whether discount for assistance excessive – consideration of comparable sentences – re-sentencing Legislation Cited: Drug Misuse and Trafficking Act 1985 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: AAT v R [2011] NSWCCA 17 CMB v Attorney-General for New South Wales (2015) 256 CLR 346; [2015] HCA 9 R v AZ [2011] NSWCCA 43; (2011) 205 A Crim R 222 R v Hallocoglu (1992) 29 NSWLR 67 R v Holland [2011] NSWCCA 65; (2011) 205 A Crim R 429 R v Mereb; R v Younan [2014] NSWCCA 149 SZ v R [2007] NSWCCA 19; (2007) 168 A Crim R 249 Toole, Kurt v R; Toole, Joshua v R [2014] NSWCCA 318 Category: Principal judgment Parties: Regina (Applicant) Medd (Respondent) Representation: Counsel: Ms Virginia Lydiard (Applicant) Mr John Peluso (Respondent)