King v R [2018] NSWCCA 273

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: King v R [2018] NSWCCA 273 Hearing dates: 3 October 2018 Date of orders: 30 November 2018 Decision date: 30 November 2018 Before: Simpson AJA at [1] Johnson J at [2] R A Hulme J at [141] Decision: 1. Leave to appeal against sentence allowed. 2. The aggregate sentence of imprisonment imposed for the 2013-2014 offences is quashed and, in its place, taking into account the Form 1 offences, the Applicant is sentenced to an aggregate term of imprisonment for six years and six months, comprising a non-parole period of four years commencing on 24 December 2014 and expiring on 23 December 2018 with a balance of term of two years and six months commencing on 24 December 2018 and expiring on 23 June 2021. 3. The appeal against sentence is otherwise dismissed. Catchwords: CRIMINAL LAW - appeal against sentence - drug supply offences committed in 2010 - further drug related offences committed in 2013-2014 whilst applicant was on bail for the 2010 offences - sophisticated and well-planned manufacture of illicit drugs in clandestine laboratory in a residential area - total effective sentence of imprisonment for seven years and six months with a non-parole period of five years - whether sentencing Judge gave insufficient regard to applicant's subjective factors and erred by the accumulation of sentences for the 2010 and 2013-2014 offences - parity ground - no error demonstrated - claim that sentence manifestly excessive - sentence not manifestly excessive - Crown conceded error in calculation of time spent in custody and backdating of sentence - applicant entitled to credit for 44 days not 42 - arithmetical error rectified without need to undertake complete resentencing process under s.6(3) Criminal Appeal Act 1912 Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Drug Misuse and Trafficking Act 1985 Cases Cited: Green v The Queen (2011) 244 CLR 462; [2011] HCA 49 Hello v R [2010] NSWCCA 311 JM v R (2014) 246 A Crim R 528; [2014] NSWCCA 297 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 King v R [2006] NSWCCA 110 Lehn v R (2016) 93 NSWLR 205; [2016] NSWCCA 255 Lloyd v R [2017] NSWCCA 303 Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46 Pannowitz v R [2016] NSWCCA 13 R v Borkowski (2009) 195 A Crim R 1; [2009] NSWCCA 102 R v Thompson (2005) 156 A Crim R 467; [2005] NSWCCA 340 Usher v R [2016] NSWCCA 276 Vaiusu v R [2017] NSWCCA 71 Wan v R [2017] NSWCCA 261 Zhao v R [2016] NSWCCA 170 Texts Cited: --- Category: Principal judgment Parties: Paul David King (Applicant) Regina (Respondent) Representation: Counsel: Mr PD King (Applicant in person) Ms B Baker (Respondent)