Linden v R [2017] NSWCCA 321

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Linden v R [2017] NSWCCA 321 Hearing dates: 28 November 2017 Date of orders: 15 December 2017 Decision date: 15 December 2017 Before: Simpson JA at [1] R A Hulme J at [1] Wilson J at [21] Decision: (1) Leave to appeal granted and appeal allowed. (2) Sentence imposed in the District Court on 18 January 2017 quashed. (3) In lieu, the applicant is sentenced to imprisonment for 2 years and 2 months with a non-parole period of 10 months 28 days commencing 18 January 2017 and expiring on 15 December 2017. The applicant is to be released upon parole forthwith. It is a condition of parole that the applicant be supervised for the term of the parole period. The standard conditions set out in cl 214 of the Crimes (Administration of Sentences) Regulation 2014 (NSW) will also apply. Catchwords: SENTENCE APPEAL – offences of ongoing supply of a prohibited drug – further offence taken into account – offence taken into account against charge other than the principal offence – s 33 Crimes (Sentencing Procedure) Act considered – error conceded by Crown – re-sentence Legislation Cited: Crimes (Administration of Sentences) Regulation 2014 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 33, 44, 53A Criminal Appeal Act 1912 (NSW) Drug Misuse and Trafficking Act 1985 (NSW), 25A Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Kentwell v The Queen (2014) 252 CLR 601; (2014) 238 A Crim R 134; [2014] HCA 37 Parker v Director of Public Prosecutions (1992) 28 NSWLR 282 R v Edwards (1996) 90 A Crim R 510 R v Wirth (1976) 14 SASR 291 Category: Principal judgment Parties: Jamie Lynese Linden – Applicant Regina – Respondent Crown Representation: Counsel: Ms C Wasley – Applicant Ms B Baker – Respondent Crown