Samuel v R [2017] NSWCCA 239

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Samuel v R [2017] NSWCCA 239 Hearing dates: 4 September 2017 Date of orders: 09 October 2017 Decision date: 09 October 2017 Before: Basten JA at [1]; McCallum J at [7]; Wilson J at [8] Decision: (1) Time within which the application for leave to appeal is to be filed extended until 5 June 2017.

(2) Leave to appeal granted.

(3) Appeal dismissed. Catchwords: CRIMINAL LAW – sentence appeal – ongoing supply of a prohibited drug – supply prohibited drug – unauthorised possession of firearms in circumstances of aggravation – delay in proceedings due to applicant's flight - assessment of utilitarian value of plea of guilty – relevance of possession of firearms to assessment of gravity of drug offences – offences on a Form 1 Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 22, 33, 44 Criminal Appeal Act 1912 (NSW), s 5 Drug Misuse and Trafficking Act 1985 (NSW), ss 25, 25A, Schedule 1 Firearms Act 1996 (NSW), s 51D Cases Cited: R v Borkowski (2009) 195 A Crim R 1 R v Castles (2005) 152 A Crim R 277 R v Shore (1992) 66 A Crim R 37 R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309 R v Trad [2003] NSWCCA 213 Visser v R [2011] NSWCCA 146 Category: Principal judgment Parties: Applicant - Lucas Mark Samuel Respondent - Crown Representation: Counsel: Applicant – P Lange Respondent – E Balodis