R v Busby [2018] NSWCCA 136

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Busby [2018] NSWCCA 136 Hearing dates: 4 May 2018 Decision date: 06 July 2018 Before: Hoeben CJ at CL [1] Walton J [2] Button J [3] Decision: (1) The two pleas of guilty entered by the respondent, Ethan Alexander Busby, are rejected. (2) The convictions entered against, and sentences imposed upon, the respondent by Acting Judge Armitage are quashed. (3) The two outstanding charges against the respondent are remitted to the District Court for trial. Catchwords: CRIMINAL LAW – Crown appeal against sentence – asserted manifest inadequacy and other asserted errors – underlying issue – evidence of respondent on sentence inconsistent with pleas of guilty– requisite mental element with regard to quantity in state drug offences – pleas of guilty rejected – convictions and sentences imposed upon the respondent quashed – remitted to District Court for trial Legislation Cited: Criminal Code Act 1995 (Cth) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Alhassan v R [2017] NSWCCA 73 Cheng v The Queen [2000] HCA 53; (2000) 203 CLR 248 Dunn v The Queen (1986) 32 A Crim R 203 R v CWW (1993) 32 NSWLR 348; 70 A Crim R 517 Siafakas v R [2016] NSWCCA 100 Yousef Jidah v R [2014] NSWCCA 270 Category: Principal judgment Parties: Regina Ethan Alexander Busby Representation: Counsel: B Hatfield (Crown) I Lloyd QC (Respondent)