Leffley v R [2016] NSWCCA 243

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Leffley v R [2016] NSWCCA 243 Hearing dates: 24 August 2016 Decision date: 04 November 2016 Before: Hoeben CJ at CL at [1]; Hall J at [2]; Davies J at [80] Decision: 1. Applicant granted leave to appeal against sentence.

2. Appeal dismissed. Catchwords: CRIMINAL LAW – sentencing – application for leave to appeal against sentences imposed s 5(1)(c) Criminal Appeal Act 1912 – applicant entered guilty pleas to two counts of supplying a prohibited drug in an amount not less than the commercial quantity (Count 1 – amphetamine and Count 2 – methylamphetamine) contrary to s 25(2) Drug Misuse and Trafficking Act 1985 and offences of possess cannabis, cocaine and oxymetholone contained in certificate under s 166 Criminal Procedure Act 1986 – on sentence 25% discount for early guilty pleas – sentence of 6 years with non-parole period of 3 years in respect of Count 1 and sentence of 8 years and 6 months with non-parole period of 4 years and 6 months in respect of Count 2 – both sentences fully concurrent – finding of special circumstances – sentences imposed were not discordant with findings of facts – sentences imposed were not manifestly excessive – findings of sentencing judge included that applicant was a courier but his level of participation well above that of a street courier – leave to appeal granted – appeal dismissed Legislation Cited: Crimes (Sentencing Procedures) Act 1999 Criminal Appeal Act 1912 Criminal Procedure Act 1986 Drug Misuse and Trafficking Act 1985 Cases Cited: AB v The Queen (1999) 198 CLR 111; [1999] HCA 46 Barbaro v The Queen; Zirilli v The Queen (2014) 253 CLR 58; [2014] HCA 2 Briouzguine v R [2014] NSWCCA 264 Hill v R [2012] NSWCCA 265 Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45 House v The King (1936) 55 CLR 499 at 504-5; [1936] HCA 40 Markarian v R (2005) 228 CLR 357; [2005] HCA 25 R v Hatzisavvas; R v Lopez-Rios [2016] NSWCCA 147 Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64 Category: Principal judgment Parties: Shaun Neil Leffley (Applicant) Regina (Crown) Representation: Counsel: P Rowe (Applicant) B Baker (Crown)