Matthews v R; New v R [2018] NSWCCA 186

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Matthews v R; New v R [2018] NSWCCA 186 Hearing dates: 13 August 2018 Date of orders: 27 August 2018 Decision date: 27 August 2018 Before: Macfarlan JA Gleeson JA Fagan J Decision: 1. Leave to appeal is granted. 2. Appeal dismissed. Catchwords: CRIME – appeal against sentence – supplying prohibited drug contrary to Drug Misuse and Trafficking Act 1985 (NSW), s 25(1) – one count of possession of cannabis taken into account on Form 1 for applicant Matthews – three counts of possession and cultivation of cannabis taken into account on Form 1 for applicant New – applicant Matthews sentenced to 3 years imprisonment with non-parole period of 1 year 6 months – applicant New sentenced to 3 years imprisonment with non-parole period of 2 years – whether error in assessing objective seriousness – whether error in description of applicants as "facilitators of supply" above "street level users/dealers" in chain of supply – whether material misdescription of time period of offending – applicant New mother of two children aged 16 and 18 – whether fresh evidence for applicant New demonstrates exceptional hardship on her children as consequence of her incarceration – parity – whether justifiable sense of grievance on part of applicant Matthews – leave to appeal granted but appeal dismissed Legislation Cited: Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: R v Edwards (1996) 90 A Crim R 510 R v Girard [2004] NSWCCA 170 R v Linden [2017] NSWCCA 321 R v Macdonald; R v Maitland [2017] NSWSC 638 R v Shortland [2018] NSWCCA 34 R v Tuhakaraina [2016] NSWCCA 81 R v X [2004] NSWCCA 93 Reg v Wirth (1976) 14 SASR 291 Category: Principal judgment Parties: Richard John Matthews (first applicant) Nicola New (second applicant) Regina (respondent) Representation: Counsel: Ms Jane Paingakulam (first applicant) Mr David Barrow (second applicant) Mr Eric Balodis (respondent)