Greenyer v R [2016] NSWCCA 272

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Greenyer v R [2016] NSWCCA 272 Hearing dates: 14 November 2016 Decision date: 01 December 2016 Before: Meagher JA at [1] Rothman J at [2] Button J at [3] Decision: (1) Leave to appeal granted. (2) The aggregate sentence imposed by Judge Blackmore SC is quashed. (3) The applicant is sentenced to an aggregate head sentence of imprisonment for 3 years, with a non-parole period of 1 year and 9 months, to date from 19 June 2015. (4) The applicant will be released to parole on 18 March 2017. Catchwords: CRIMINAL – sentence appeal – ongoing supply of prohibited drug – supply of prohibited drug – error in calculation of commencement date – whether sentence is manifestly excessive – commencement date adjusted – appeal otherwise dismissed Legislation Cited: Criminal Appeal Act 1912 (NSW), s 6(3) Drug Misuse and Trafficking Act 1985 (NSW), ss 25A, 32, 36Y(1)(a) Cases Cited: Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 McKellar v R [2010] NSWCCA 295 Category: Principal judgment Parties: Daniel Greenyer (Applicant) Regina (Respondent) Representation: Counsel: A Francis (Applicant) E Balodis (Respondent)

Solicitors: Legal Aid New South Wales (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2014/370815 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 05 February 2016 Before: Blackmore DCJ File Number(s): 2014/370815