A v R [2018] NSWCCA 289

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: A v R [2018] NSWCCA 289 Hearing dates: 12 October 2018 Decision date: 14 December 2018 Before: White JA at [1]; Walton J at [61]; Wilson J at [62] Decision: (1) Grant the applicant leave to appeal from the sentence imposed in the District Court on 8 March 2018.

(2) Order that the appeal be allowed and that the sentence passed in the District Court on 8 March 2018 be quashed.

(3) In lieu thereof, order that the applicant be sentenced to a term of imprisonment of nine years with a non-parole period of five years and eight months, and a balance term of three years and four months. The non-parole period will date from 27 October 2016 and expire on 26 June 2022, and the balance term will expire on 26 October 2025. The applicant will be first eligible for parole on 27 June 2022. Catchwords: CRIMINAL LAW – Application for leave to appeal against sentence – Robbery in company – Supply of not less than a commercial quantity of a prohibited drug – Where applicant had provided assistance to law enforcement authorities – Where primary judge stated that assistance to authorities had been exhausted in separate Local Court proceedings – Where transcript of Local Court proceedings indicated that they had not been exhausted – Where transcript was not provided to primary judge – Whether legitimate sense of grievance arising from sentence imposed upon co-offender – Application for leave to appeal granted – Appeal dismissed Legislation Cited: Court Suppression and Non-Publication Orders Act 2010 (NSW), s 7 Crimes (Sentencing Procedure) Act 1999 (NSW), s 23 Crimes Act 1900 (NSW), ss 97, 192E Drug Misuse and Trafficking Act 1985 (NSW), ss 25, 33 Cases Cited: Burrows v R [2017] NSWCCA 45 Franklin v R [2018] NSWCCA 245 R v JW (2010) 77 NSWLR 7; [2010] NSWCCA 49 R v XX [2017] NSWCCA 90; (2017) 266 A Crim R 132 Sheen v R [2014] NSWCCA 42 SZ v R [2007] NSWCCA 19; (2007) 168 A Crim R 249 Category: Principal judgment Parties: A (Applicant) Regina (Respondent) Representation: Counsel: G D Wendler (Applicant) F A Veltro (Crown) R Grady (NSW Commissioner of Police)