Murray v R [2017] NSWCCA 262

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Murray v R [2017] NSWCCA 262 Hearing dates: 18 October 2017 Date of orders: 15 November 2017 Decision date: 15 November 2017 Before: Ward CJ in Eq at [1]; Price J at [2]; Beech-Jones J at [79] Decision: (1) Leave to appeal granted.

(2) Appeal allowed.

(3) The sentences imposed by McLennan SC DCJ for counts 1 and 2 are quashed.

(4) On count 1, the applicant is sentenced to 10 years 6 months imprisonment consisting of a non-parole period of 7 years, commencing on 11 September 2015 and expiring on 10 September 2022 with a balance of term of 3 years 6 months expiring on 10 March 2026.

(5) On count 2, the applicant is sentenced to 10 years 6 months imprisonment consisting of a non-parole period of 7 years commencing on 11 September 2016 and expiring on 10 September 2023, with a balance of term of 3 years 6 months expiring on 10 March 2027.

(6) The overall effective sentence is 11 years 6 months imprisonment with a non-parole period of 8 years commencing on 11 September 2015 and expiring on 10 September 2023, with a balance of term of 3 years 6 months expiring on 10 March 2027.

(7) The earliest date that the applicant will be eligible to be released on parole is 10 September 2023. Catchwords: CRIMINAL LAW – appeal against sentence – two counts of supply of not less than the large commercial quantity of a prohibited drug – whether judge erred in failing to take into account the early pleas of guilty – whether judge erred in postulating a theoretical 'street level purity' of methylamphetamine without an evidential basis – whether there was a denial of procedural fairness – whether judge in error in the characterisation of the objective seriousness of the offences – whether failure to have proper regard to a finding of special circumstances – whether lesser sentence warranted Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A(3)(g), 21A(3)(i) Drug Misuse and Trafficking Act 1985 (NSW), s 25(2) Cases Cited: Carroll v The Queen (2009) 254 ALR 379; [2009] HCA 13 Chong v R [2017] NSWCCA 185 Jaafar v R [2017] NSWCCA 223 Jiang v R [2010] NSWCCA 277 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Koh v R [2013] NSWCCA 287 Lee, Matthew v R [2016] NSWCCA 146 Munday v R [2017] NSWCCA 95 Pearce v The Queen (1998) 194 CLR 610; [1998] HCA 57 R v Cramp [2004] NSWCCA 264 R v Olbrich [2000] NSWCCA 389; (2000) 117 A Crim R 326 R v Reilly; R v Smith [2012] NSWCCA 166 R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309 R v Wendy Olive Lawrence [2005] NSWCCA 91 Ramos v R [2015] NSWCCA 313 Scott v R [2010] NSWCCA 103 Stoeski v R [2008] NSWCCA 230 Woodward v R [2014] NSWCCA 205 Category: Principal judgment Parties: Matthew Scott Murray (Applicant) Regina (Respondent) Representation: Counsel: K. Ginges (Applicant) H. Roberts (Respondent)