AMZ v R [2017] NSWCCA 184

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: AMZ v R [2017] NSWCCA 184 Hearing dates: 19 July 2017 Date of orders: 02 August 2017 Decision date: 02 August 2017 Before: Hoeben CJ at CL at [1]; Price J at [28]; Schmidt J at [29] Decision: (1) Leave to appeal against sentence granted. (2) Appeal allowed. (3) The sentence imposed by Berman SC DCJ on 2 December 2011 is quashed. (4) In lieu thereof, the applicant is sentenced to imprisonment with a non-parole period of 8 years commencing 15 February 2011 and expiring on 14 February 2019 with a balance of term of 4 years expiring on 14 February 2023. Catchwords: CRIMINAL LAW – sentence appeal – five counts of supply a large commercial quantity of drugs and one count of participating in a criminal group – referred to Court of Criminal Appeal as a result of inquiry pursuant to Part 7 of Division 3 of the Crimes (Appeal and Review) Act 2001 (NSW) – parity issue identified – whether reduction in applicant's sentence would produce a sentence which was erroneously lenient – appeal allowed – applicant re-sentenced. Legislation Cited: Crimes Act 1900 (NSW) – s 93T, 193C Crimes (Appeal and Review) Act 2001 (NSW) – Pt 7 Div 3 Criminal Appeal Act 1912 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) – s 25 Poisons and Therapeutic Goods Act 1966 (NSW) –s 16 Cases Cited: AMZ v R [2013] NSWCCA 6 Application by AMZ pursuant to Part 7 of the Crimes (Appeal and Review) Act 2001 (NSW) [2017] NSWSC 432 JM v R [2014] NSWCCA 297 Prelipceanu v R [2016] NSWCCA 280 R v Clarke [2013] NSWCCA 260 Saraya v Regina [2015] NSWCCA 63 Yazdani v R [2016] NSWCCA 194 Category: Principal judgment Parties: AMZ – Applicant Regina – Respondent Crown Representation: Counsel: P Lange – Applicant T Smith – Respondent Crown