Sponberg v R [2017] NSWCCA 120

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Sponberg v R [2017] NSWCCA 120 Hearing dates: 17 March 2017 Date of orders: 02 June 2017 Decision date: 02 June 2017 Before: Macfarlan JA at [1]; Latham J at [49]; Campbell J at [50] Decision: (1) Grant leave to appeal in respect of the sentence imposed on Count 1 of the Indictment.

(2) Allow the appeal.

(3) Quash the sentence imposed by the District Court on 17 May 2016 in respect of Count 1 of the Indictment, namely the offence pursuant to s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW).

(4) In respect of the Count 1 offence, and taking into account the offence on the Form 1, sentence the applicant to a term of imprisonment of 5 years and 3 months commencing on 26 February 2015 and concluding on 25 May 2020, comprising a non-parole period of 3 years and 6 months and a balance of term of 1 year and 9 months.

(5) Taking into account the sentence imposed in the District Court on Count 2, which remains effective and is wholly concurrent with the above sentence on Count 1, the applicant's total term of imprisonment in respect of the two Counts is as stated in respect of Count 1.

(6) The applicant is eligible to be released on parole on 26 August 2018. Catchwords: CRIMINAL LAW – appeal against sentence – supply commercial quantity of prohibited drug (cocaine) – whether sentencing judge failed properly to assess objective seriousness of the offence – need to determine relative seriousness of offending – applicant resentenced

CRIMINAL LAW – appeal against sentence – possess an unauthorised firearm – whether sentencing judge failed to consider s 5 Crimes (Sentencing Procedure) Act 1999 (NSW)