Moss v R [2016] NSWCCA 242

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Moss v R [2016] NSWCCA 242 Hearing dates: 7 September 2016 Decision date: 04 November 2016 Before: Macfarlan JA; Price J; Hidden AJ Decision: (1) Leave to appeal against sentence granted. (2) Appeal allowed and sentences imposed by the District Court on 9 October 2015 quashed. (3) The applicant is sentenced to terms of imprisonment as follows: (a) In respect of Count 1 (dealing with proceeds of crime of $330,500) to a non-parole period of 2 years and 3 months commencing on 7 August 2014 and concluding on 6 November 2016, with a balance of term of 9 months concluding on 6 August 2017. (b) In respect of Count 2 (dealing with proceeds of crime of $333,980), to a non-parole period of 2 years 3 months commencing on 6 February 2015 and concluding on 6 May 2017, with a balance of term of 9 months concluding on 6 February 2018. (c) In respect of Count 3 (supply a prohibited drug), to a non-parole period of 2 years and 2 months commencing on 7 November 2015 and concluding on 6 January 2018, with a balance of term of 1 year and 2 months concluding on 6 March 2019. The applicant's overall head sentence is 4 years and 7 months, comprising a non-parole period of 3 years and 5 months commencing on 7 August 2014 and concluding on 6 January 2018 with a balance of term of 1 year and 2 months concluding on 6 March 2019. The first date that the applicant will be eligible for release on parole is 6 January 2018. Catchwords: CRIMINAL LAW – sentence appeal – proceeds of crime and drug offences – errors in sentence conceded by Crown – applicant re-sentenced Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Hejazi v R (2009) 217 A Crim R 151; [2009] NSWCCA 282 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 King v R [2015] NSWCCA 99 R v Huang (2000) 113 A Crim R 386; [2000] NSWCCA 238 R v Shrestha (1991) 173 CLR 48; [1991] HCA 26 Yang v R [2007] NSWCCA 37 Category: Principal judgment Parties: Paul Daniel Moss (Applicant) Regina (Respondent) Representation: Counsel: S Buchen / C O'Neill (Applicant) S Dowling SC (Respondent)