Owen v R [2017] NSWCCA 54

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Owen v R [2017] NSWCCA 54 Hearing dates: 16 March 2017 Date of orders: 31 March 2017 Decision date: 31 March 2017 Before: Hoeben CJ at CL at [1] Garling J at [79] Beech-Jones J at [83] Decision: Leave to appeal against sentence granted. Appeal dismissed. Catchwords: CRIMINAL LAW – sentence appeal – one charge of supply a firearm to an unauthorised person – two charges of supply a commercial quantity of a prohibited drug – other offences on a Form 1 – comprehensive analysis by sentencing judge of extent of planning, role, financial gain, motivation, quantity and purity of prohibited drug – applicant did not give evidence in sentence proceedings – subjective history provided by psychologist – whether sentence imposed was manifestly excessive – all relevant sentencing issues considered by sentencing judge – criminality of offending substantial – limited value of statistics – sentence stern but not excessive – leave to appeal against sentence granted but appeal dismissed. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) – s 33 Drug Misuse and Trafficking Act 1985 (NSW) – s 25(2) Firearms Act 1996 (NSW) – s 51(1)(a) Cases Cited: Bugmy v The Queen [2013] HCA 37; 249 CLR 571 Cahyadi v Regina [2007] NSWCCA 1; 168 A Crim R 41 Hili v the Queen; Jones v The Queen [2010] HCA 45; 242 CLR 520 Kemp v R [2014] NSWCCA 153 Lowe v R [2015] NSWCCA 46 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 Munda v Western Australia [2013] HCA 38; 249 CLR 600 R v Nai Poon [2003] NSWCCA 42; 56 NSWLR 284 R v Parkinson [2010] NSWCCA 89 Ryan v R [2009] NSWCCA 183 Sant v R [2014] NSWCCA 261 Category: Principal judgment Parties: Paul Owen – Applicant Regina – Respondent Crown Representation: Counsel: G Jones – Applicant N L Williams – Respondent Crown