Fato v R [2017] NSWCCA 190

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Fato v R [2017] NSWCCA 190 Hearing dates: 2 August 2017 Date of orders: 11 August 2017 Decision date: 11 August 2017 Before: Johnson J at [1] Davies J at [2] Lonergan J at [56] Decision: Extension of time to seek leave to appeal against sentence is refused. Catchwords: CRIMINAL LAW – appeals – appeal against sentence – applicant sentenced for supply large commercial quantity of methamphetamine – whether trial judge erred in finding offending above the mid-range of objective seriousness – whether low purity of drugs required a finding that offending was below the mid-range – extension of time required – where ground of appeal has little merit - leave to appeal refused Legislation Cited: Drug Misuse and Trafficking Amendment (Methylamphetamine) Regulation 2015 (NSW) Cases Cited: Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Lorraway v R [2010] NSWCCA 46 Lowe v R [2013] NSWCCA 141 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Ninness v R [2014] NSWCCA 288 O'Grady v The Queen (2014) 252 CLR 621; [2014] HCA 38 R v Blair [2005] NSWCCA 78; (2005) 152 A Crim R 462 R v Way (2004) 60 NSWLR 168; [2004] NSWCCA 131 Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64 Category: Principal judgment Parties: Luigi Gino Fato (Applicant) Crown (Respondent) Representation: Counsel: I Lloyd QC & M Gelbert (Applicant) N Adams (Respondent)