Nye v R [2018] NSWCCA 244

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Nye v R [2018] NSWCCA 244 Hearing dates: 31 August 2018 Decision date: 31 October 2018 Before: Hoeben CJ at CL at [1] Walton J at [2] Button J at [3] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIMINAL LAW – appeal against sentence – Crown conceded errors by sentencing judge – consideration of re-sentence – whether sentencing judge erred when considering the applicant's moral culpability for each offence – question of mitigatory duress – no lesser finding of moral culpability warranted – no lesser sentence warranted in law – appeal dismissed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A(2)(m) Criminal Appeal Act 1912 (NSW), s 6(3) Criminal Procedure Act 1986 (NSW), s 166 Drug Misuse and Trafficking Act 1985 (NSW), ss 25(2), 33 Cases Cited: Campbell v R [2018] NSWCCA 17 DL v The Queen [2018] HCA 32 Category: Principal judgment Parties: Dylan Michael Nye (Appellant) Regina (Respondent) Representation: Counsel: T Game SC & D Barrow (Appellant) T Smith & C Curtis (Respondent)

Solicitors: WH Parsons & Associates (Appellant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2016/64988 Publication restriction: Nil Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 02 June 2017 Before: Ingram SC DCJ File Number(s): 2016/64988