Ryan v Regina [2017] NSWCCA 209

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ryan v Regina [2017] NSWCCA 209 Hearing dates: 18 August 2017 Date of orders: 30 August 2017 Decision date: 30 August 2017 Before: Leeming JA, Button J and Hamill J Decision: Application for leave to appeal granted. Appeal dismissed. Catchwords: CRIMINAL LAW - appeal against sentence - ongoing supply of drugs - mental disorder - drug addiction - where primary Judge accepted uncontested evidence of psychologist - whether primary Judge erred in failing to reduce moral culpability - where no direct link between mental condition and offending - where offender relapsed into drug use - life issues - whether primary judge erred in failing to reduce weight to be afforded to general deterrence - no causal link required - moderate sentence imposed - no evidence that judge disregarded principle - reasons thoughtful balanced and compassionate - no error established Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1986 (NSW) Cases Cited: Champion (1992) 64 A Crim R 24 DPP (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Jung v R [2017] NSWCCA 24 Lam v R [2015] NSWCCA 143 R v Israil [2002] NSWCCA 255 R v Kelsall [2015] NSWSC 480 R v Letteri (Unreported, New South Wales Court of Criminal Appeal, 18 March 1992) WW v R [2012] NSWCCA 165 Zuffo v R [2017] NSWCCA 187 Category: Principal judgment Parties: Jason Garry Ryan (Applicant) Regina (Respondent Crown) Representation: Counsel: Mr A Hughes (Applicant) Mr F Veltro (Respondent Crown)