HL v Director of Public Prosecutions (Cth) [2017] NSWCCA 66

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: HL v Director of Public Prosecutions (Cth) [2017] NSWCCA 66 Hearing dates: 24 March 2017 Date of orders: 11 April 2017 Decision date: 11 April 2017 Before: Basten JA at [1] Hoeben CJ at CL at [2] Walton J at [69] Decision: (1) An extension of time for the filing of the application for leave to appeal against sentence be granted. (2) Leave to appeal against sentence be granted. (3) The appeal be allowed in part. (4) The sentence on count 1 imposed by Norrish QC DCJ in respect of the applicant on 26 April 2013 is quashed. (5) In lieu thereof the applicant is sentenced as follows: (i) In relation to Count 2, the sentence imposed by Norrish QC DCJ on 26 April 2013 is confirmed. (ii) In relation to Count 1, the applicant is sentenced to a total term of imprisonment of 12 years, commencing 12 October 2012 and expiring on 11 October 2024, with a non-parole period of 6 years to commence 12 October 2012 and to expire on 11 October 2018. Catchwords: CRIMINAL LAW – sentence appeal – two counts of trafficking/supplying large commercial quantity of methylamphetamine – applicant sentenced appropriately on 26 April 2013 – co-offender in a more senior role in drug supply enterprise sentenced on 20 November 2015 – error in sentencing of co-offender uncorrected – justifiable sense of grievance on part of the applicant – application of parity principle – court required to intervene – need to ensure that reduced sentence not erroneously lenient. Legislation Cited: Crimes Act 1914 (Cth), s 19AL Criminal Code 1995 (Cth), ss 11.5(1) and 302.2(1) Drug Misuse and Trafficking Act 1985 (NSW), s 25(2) Cases Cited: Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49 Pearce v The Queen (1998) 194 CLR 610; [1998] HCA 57 Category: Principal judgment Parties: HL – Applicant Director of Public Prosecutions (Cth) – Respondent Representation: Counsel: GD Wendler – Applicant P McGuire SC – Respondent