Le v R [2018] NSWCCA 199

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Le v R [2018] NSWCCA 199 Hearing dates: 7 September 2018 Date of orders: 21 September 2018 Decision date: 21 September 2018 Before: Ward JA at [1] Bellew J at [2] Beech-Jones J at [41] Decision: (1) Leave to appeal against sentence granted.

(2) Appeal allowed.

(3) Sentences imposed in the District Court quashed.

(4) In lieu thereof, the applicant is sentenced as follows:

(i) as to count 1, a non-parole period of 4 years and 6 months commencing 8 December 2015 and expiring on 7 June 2020 with an additional term of 1 year and 6 months expiring on 7 December 2021;

(ii) as to count 2, a non-parole period of 4 years and 9 months commencing 8 April 2016 and expiring on 7 January 2021 with an additional term of 1 year and 9 months expiring on 7 October 2022;

(iii) the total term of imprisonment is one of 6 years and 10 months;

(iv) the applicant will be eligible for parole on 7 January 2021 and his sentence will expire on 7 October 2022. Catchwords: CRIMINAL LAW – Appeal – Sentence – where applicant appeared for sentence in respect of separate counts of supplying a prohibited drug – Where sentencing judge omitted to impose a non-parole period in respect of one count – Error established – Applicant re-sentenced Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: BB v R [2017] NSWCCA 189 MLP v R [2014] NSWCCA 183 R v Qutami [2001] NSWCCA 353; 127 A Crim R 369 R v Younan [2018] NSWCCA 180 RLS v R [2012] NSWCCA 236 Vaiusu v R [2017] NSWCCA 71 R v Olbrich (1999) 199 CLR 270; [1999] HCA 54 Category: Principal judgment Parties: Huu Hong Le – Applicant Regina - Respondent Representation: Counsel: S Fraser – Applicant C Curtis - Respondent