Soames v R [2017] NSWCCA 158

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Soames v R [2017] NSWCCA 158 Hearing dates: 28 June 2017 Date of orders: 05 July 2017 Decision date: 05 July 2017 Before: Hoeben CJ at CL at [1] R A Hulme J at [2] Garling J at [3] Decision: (1) Appeal upheld. (2) Sentence imposed by English DCJ on 8 March 2013 with respect to the offence of supplying a prohibited drug (not less than commercial quantity of pseudoephedrine) contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985 be quashed. (3) In lieu thereof, the appellant be sentenced to a term of imprisonment comprising a non-parole period of 3 years and 6 months commencing 8 January 2014 and expiring 7 July 2017, with a balance of term of 2 years and 6 months expiring 7 January 2020. (4) The appellant is not eligible for release prior to the expiration of his non-parole period of 7 July 2017. Catchwords: SENTENCING – parity – co-offenders re-sentenced on appeal to lesser sentences

SENTENCING – compelling subjective circumstances – distinction between appellant and co-offenders APPEAL – against sentence – appeal upheld as to one count Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) Criminal Appeal Act 1912 (NSW) Drug Misuse and Trafficking Act 1985 Cases Cited: Application by Matthew Soames pursuant to s 78 Crimes (Appeal and Review) Act 2001 [2017] NSWSC 423 Matthew Soames v Regina [2014] NSWCCA 158 Reese v R [2012] NSWCCA 47 Tan v R [2014] NSWCCA 96 Grover v R; Grover v R [2014] NSWCCA 315 Texts Cited: Not Applicable Category: Principal judgment Parties: Matthew William Soames (Appellant) The Crown (Respondent) Representation: Counsel: T Gartelmann (Appellant) T Smith (Crown Prosecutors)