Greentree v R [2018] NSWCCA 227

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Greentree v R [2018] NSWCCA 227 Hearing dates: 5 September 2018 Date of orders: 17 October 2018 Decision date: 17 October 2018 Before: Hoeben CJ at CL at [1] McCallum J at [2] Beech-Jones J at [3] Decision: (1) The application for leave to appeal be granted;

(2) The appeal be allowed;

(3) Set aside the sentence imposed by Buscombe DCJ on 7 December 2016;

(4) In lieu thereof:

(a) impose an aggregate sentence of eight years' imprisonment to commence on 8 April 2016 and expire on 7 April 2024;

(b) pursuant to s 44(2A) of the Crimes (Sentencing Procedure) Act 1999 set a non-parole period of 5 years and 6 months;

(c) specify that the earliest date the applicant will be eligible to be released on parole is 7 October 2021;

(d) pursuant to s 53A(2)(b) of the Crimes (Sentencing Procedure) Act 1999, indicate to the applicant and record that an aggregate sentence is imposed and that the sentence that would have been imposed for count 1 on the indictment is imprisonment for 6 years and 3 months with a non-parole period of 4 years and 5 months, for count 2 on the indictment the sentence that would have been imposed is 2 years and 5 months with a non-parole period of 1 year and 8 months and for count 3 on the indictment the sentence that would have been imposed is 2 years and 1 month imprisonment. Catchwords: SENTENCING – take part in manufacture of commercial quantity of amphetamine – finding of objective seriousness – sentencing judge wrongly assumed commercial quantity was 500 grams when it was 1 kg at time of offence – whether sentencing judge failed to address factors re assistance – re‑sentence – whether Court can receive further evidence concerning family circumstances – relevance and weight of that evidence – applicant re‑sentenced. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 10, 21A, 23, 32, 44, 53A Crimes Act 1900 (NSW), ss 193B, 350 Drug Misuse and Trafficking Act 1985 (NSW), s 24 Drug Misuse and Trafficking Amendment (Methylamphetamine) Regulation 2015 Firearms Act 1996 (NSW), ss 7, 7A, 36 Cases Cited: Betts v The Queen (2016) 258 CLR 420; [2016] HCA 25; Carter v R [2018] NSWCCA 138 Delaney v R; R v Delaney [2013] NSWCCA 150 DL v The Queen [2018] HCA 32 House v The King (1936) 55 CLR 499; [1936] HCA 40 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 King v R [2010] NSWCCA 202 Kremesis v The Queen [2016] NSWCCA 257 Mulato v R [2006] NSWCCA 282 R v Edwards (1996) 90 A Crim R 510 R v Girard, Andrew John, R v Girard, Tessa Maree [2004] NSWCCA 170 R v Grbin [2004] NSWCCA 220 R v Hunt; Ex parte Sean Investments Pty Ltd (1979) 180 CLR 322; [1979] HCA 232 R v Mills (2005) 154 A Crim R 40 R v X [2004] NSWCCA 93 R v XX [2017] NSWCCA 90 Category: Principal judgment Parties: Scott Peter Greentree (Applicant) Regina (Crown) Representation: Counsel: D Barrow (Applicant) M England (Crown)