Baias v R [2016] NSWCCA 269

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Baias v R [2016] NSWCCA 269 Hearing dates: 19 August 2016 Decision date: 30 November 2016 Before: Hoeben CJ at CL at [1] Campbell J at [2] Button J at [3] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIMINAL LAW – sentence appeal – serious offences of manufacture and supply with respect to methylamphetamine and heroin – whether sentencing judge was sufficiently precise in assessment of objective seriousness – whether mistaken belief of an applicant that a precursor was being supplied was taken into account – whether failure to state starting points of indicative head sentences established material error – appeal dismissed Legislation Cited: Criminal Procedure Act 1986 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW), s 23(4) Cases Cited: Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 R v Way (2004) 60 NSWLR 168; [2004] NSWCCA 131 Rios v R [2012] NSWCCA 8 Ruano v R [2011] NSWCCA 149 Category: Principal judgment Parties: Jon Baias Regina Representation: Counsel: S Odgers SC (Applicant) S Dowling SC (Respondent)

Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2012/265272 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 18 September 2015 Before: Townsden DCJ File Number(s): 2012/265272