Egan v R [2018] NSWCCA 235

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Egan v R [2018] NSWCCA 235 Hearing dates: 12 March 2018 Date of orders: 19 October 2018 Decision date: 19 October 2018 Before: Bathurst CJ at [1]; Fullerton J at [2]; Campbell J at [3] Decision: (1) Grant leave to appeal. (2) Appeal dismissed. Catchwords: CRIMINAL LAW – sentence appeal – supply greater than indictable quantity offences – dealing with property suspected of being proceeds of crime – whether the sentencing judge erred by failing to appropriately regard and allow a sufficient discount – applicant's childhood disadvantage – whether the sentencing judge erred by failing to have appropriate regard to prospects of rehabilitation – whether the sentence is unreasonably or plainly unjust – circumstances of offending – personal circumstances – loss of father and mother – migration to Australia – straightened financial circumstances – no genuine remorse – no profound childhood deprivation – findings open to sentencing judge Legislation Cited: Crimes Act 1900 (NSW), s 193C Criminal Appeal Act 1912 (NSW), s 5 Criminal Procedure Act 1986 (NSW), ss 166, 168 Drug Misuse and Trafficking Act 1985 (NSW), ss 10, 25 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Director of Public Prosecutions (Vic) v Dalgliesh (a Pseudonym) [2017] HCA 41; (2017) 91 ALJR 1063 Hili v R (2010) 242 CLR 520; [2010] HCA 45 House v The King (1936) 55 CLR 499; [1936] HCA 40 Neal v R (1982) 149 CLR 305; [1982] HCA 55 R v Fernando (1992) 76 A Crim R 58 R v Pham (2015) 256 CLR 550; [2015] HCA 39 Texts Cited: Nil Category: Principal judgment Parties: Patrick Egan (Applicant) Regina (Respondent) Representation: Counsel: C Lin (Applicant) B Hatfield (Respondent)