Victory v R [2017] NSWCCA 286

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Victory v R [2017] NSWCCA 286 Hearing dates: 21 November 2017 Date of orders: 30 November 2017 Decision date: 30 November 2017 Before: Hoeben CJ at CL at [1]; Davies J at [50]; Adamson J at [51] Decision: Leave to appeal against sentence granted. Appeal dismissed. Catchwords: SENTENCE APPEAL – exposing child to process of cultivation of a prohibited plant namely cannabis – whether it was open to the sentencing judge to find that the applicant was a principal in the offending – discussion of relevant evidence – whether applicant had a justifiable sense of grievance as a result of the sentence imposed on the co-offender – sentence appeal dismissed. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) – s 10A, s 12 Criminal Appeal Act 1912 (NSW) – s 5(1)(c) Drug Misuse and Trafficking Act 1985 (NSW) – s 23A(2), s 36(Y)(1) Cases Cited: PG v R [2017] NSWCCA 179 Category: Principal judgment Parties: Bradley Dennis Victory – Applicant Regina – Respondent Crown Representation: Counsel: Mr D Randle – Applicant Mr F Veltro – Respondent Crown

Solicitors: A Cooney – Applicant Solicitor for Public Prosecutions – Respondent Crown File Number(s): 2014/149174 Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 16 October 2016 Before: Hanley SC DCJ File Number(s): 2014/149174