Dunshea v R [2016] NSWCCA 244

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Dunshea v R [2016] NSWCCA 244 Hearing dates: 9 September 2016 Decision date: 09 November 2016 Before: Beazley P at [1] Garling J at [2] Hidden AJ at [5] Decision: Leave to appeal granted, appeal allowed, sentence passed in the District Court quashed. Applicant resentenced to an aggregate term of imprisonment for 9 years, comprising a non-parole period of 6 years and a balance of term of 3 years, commencing 5 July 2012. Catchwords: CRIMINAL LAW – sentence appeal – charges of supplying large commercial quantities of nexus, ecstasy – matters on Form 1 – whether sentencing judge took into account evidence of the applicant's remorse – sentences subsequently passed on co-offenders - parity Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: Church v R [2012] NSWCCA 149 Rees v R [2012] NSWCCA 47 Stojanovski v R [2013] NSWCCA 334 Category: Principal judgment Parties: Applicant – Aaron Dunshea Respondent Crown – Regina Representation: Counsel: Applicant – Tim Game SC and David Barrow Respondent Crown – Eric Balodis

Solicitors: Applicant – Nick Boyden, Australian Criminal Law Specialists Respondent Crown – C. Hyland, Solicitor for Public Prosecutions File Number(s): 2012/209846 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 19 December 2013 Before: Blackmore DCJ File Number(s): 2012/209846