Godfrey v R [2016] NSWCCA 271

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Godfrey v R [2016] NSWCCA 271 Hearing dates: 28 November 2016 Decision date: 02 December 2016 Before: Hoeben CJ at CL at [1]; Adams J at [2]; R A Hulme J at [3] Decision: 1. Leave to appeal against sentence granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW – appeal against sentence – supply prohibited drug on an ongoing basis – attempt to supply prohibited firearm – discount for guilty pleas not erroneously applied to aggregate sentence instead of indicative sentences –no failure to take into account the applicant's subjective case – sentence not manifestly excessive – appeal dismissed Legislation Cited: Criminal Appeal Act 1912 (NSW) s 6(3) Cases Cited: JM v R [2014] NSWCCA 297; 246 A Crim R 528 SHR v R [2014] NSWCCA 94 Category: Principal judgment Parties: Bronson Samual Godfrey (Applicant) Regina (Respondent) Representation: Counsel: Mr G Smith SC (Applicant) Ms M Cinque SC (Crown)

Solicitors: Legal Aid NSW Solicitor for Public Prosecutions File Number(s): 2014/174413 Decision under appeal Court or tribunal: District Court Date of Decision: 29 April 2015 Before: Blackmore SC DCJ File Number(s): 2014/174413

Judgment 1. HOEBEN CJ at CL: I agree with R A Hulme J and the orders which he proposes. 2. ADAMS J: I agree with R A Hulme J. 3. R A HULME J: Bronson Samual Godfrey ("the applicant") seeks leave to appeal against an aggregate sentence of imprisonment for 8 years with a non-parole period of 5 years imposed in the District Court at Lismore on 29 April 2015 by his Honour Judge Blackmore SC. 4. Details of the offences and the sentences the judge would have imposed if he had not imposed an aggregate sentence are as follows: Seq No Date / Offence Max penalty/SNPP Indicative sentence 1 14.5.14: Not stopping during police pursuit 3 yrs and/or fine of $11000 1 yr s 51B(1) Crimes Act 1900 Disq: Auto – 3yrs; Min – 12 mths Disq: 3 yrs 5 6.3.14: Possess unauthorised prohibited firearm 14 yrs / 3yrs 3 yrs 6 mths s 7(1) Firearms Act 1996 NPP 2 yrs 6.3.14: Attempt to supply prohibited firearm 6 yrs 10 s 51(1A)/51CA Firearms Act 1996 20 yrs / 10 yrs NPP 3 yrs 9 mths (taking into account Form 1 matters) 11 Between 22.2.14 – 23.3.14: Supply prohibited drug on an ongoing basis 20 yrs and/or fine of $385,000 3 yrs s 25A(1) Drug Misuse and Trafficking Act 1985 12 Between 5.4.14 – 4.5.14: Supply prohibited drug on an ongoing basis 20 yrs and/or fine of $385,000 3 yrs s 25A(1) Drug Misuse and Trafficking Act 1985 13 Between 9.5.14 – 24.5.14: Supply prohibited drug on an ongoing basis 20 yrs and/or fine of $385,000 3 yrs s 25A(1) Drug Misuse and Trafficking Act 1985 17 11.6.14: Possess unauthorised pistol 14 yrs / 3 yrs 2 yrs 6 mths s 7(1) Firearms Act 1996 NPP 1 yr 6 mths