Ohanian v R [2017] NSWCCA 268

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ohanian v R [2017] NSWCCA 268 Hearing dates: 8 November 2017 Date of orders: 21 November 2017 Decision date: 21 November 2017 Before: Gleeson JA at [1] Rothman J at [2] Hamill J at [3] Decision: (1) Leave to appeal granted. (2) Appeal upheld. (3) Sentence imposed on 24 March 2017 quashed. (4) In lieu thereof, the applicant is sentenced to a non-parole period of two years commencing 10 January 2016 and expiring 9 January 2018 with a balance of term of one year and nine months commencing 10 January 2018 and expiring on 9 October 2019. (5) The applicant will be eligible for release on parole at the conclusion of the non-parole period. Catchwords: CRIMINAL LAW – sentencing – dysfunctional childhood – early exposure to illegal drug use – whether impact "diminishes" – sentencing judge found ample opportunity to reform – approach contrary to High Court authority – whether different sentence warranted – applicant re-sentenced. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Perdija v R [2012] NSWCCA 244 R v Bugmy [2012] NSWCCA 223 R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111 Taysavang v R; Lee v R [2017] NSWCCA 146 Category: Principal judgment Parties: Robert Ohanian (Applicant) Crown (Respondent) Representation: Counsel: Mr G James (Applicant) Ms Baker (Respondent)