Chaloner v R [2018] NSWCCA 59

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Chaloner v R [2018] NSWCCA 59 Hearing dates: 4 April 2018 Date of orders: 04 April 2018 Decision date: 04 April 2018 Before: Basten JA at [1]; Rothman J at [22]; Garling J at [23] Decision: (1) Grant leave to appeal with respect to the aggregate sentence imposed on the applicant in the District Court on 2 March 2017.

(2) Quash the sentence imposed by the District Court.

(3) Sentence the applicant to imprisonment for an aggregate term of 5 years 3 months with a non-parole period of 3 years 3 months, to date from 20 December 2016.

(4) The applicant will be eligible for release on parole on 19 March 2020. Catchwords: CRIME – appeal against sentence – finding of special circumstances – Crown conceded trial judge's nominal reduction of non-parole period affected by error –whether Court should intervene

CRIME – appeal against sentence –applicant and co-offender received identical sentences – Crown conceded trial judgment affected by error - where co-offender's sentence quashed and co-offender resentenced for same error by differently constituted Court of Criminal Appeal – circumstances in which Court may depart from earlier decision

CRIME – appeal against sentence – finding as to purpose for retaining parts of cannabis plant – whether for production of cannabis resin – whether finding open on evidence – inference drawn from surrounding circumstances Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 44 Cases Cited: Gumbleton v R [2017] NSWCCA 314 Kay v R; Ellis v R [2017] NSWCCA 218 Lin v R [2018] NSWCCA 13 and Tarrant v R [2018] NSWCCA 21 Category: Principal judgment Parties: Steven Allan Chaloner (Appellant) Regina (Respondent) Representation: Counsel: Mr T Game SC/Mr J Brock (Appellant) Mr D Kell SC/Mr M Pulsford (Respondent)