O’Neile v R [2018] NSWCCA 291

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: O'Neile v R [2018] NSWCCA 291 Hearing dates: 12 October 2018 Date of orders: 14 December 2018 Decision date: 14 December 2018 Before: Simpson AJA at [1] Walton J at [2] Wilson J at [55] Decision: (1) Leave to appeal granted.

(2) The appeal is allowed.

(3) The sentence imposed on 19 October 2017 is quashed.

(4) The applicant is sentenced to a term of 6 years 9 months commencing 17 January 2017 consisting of a non-parole period of 4 years and 4 months expiring on 16 May 2021 and a balance of the term of 2 years and 5 months expiring on 16 October 2023. Catchwords: SENTENCE – supply prohibited drug offences – methylamphetamine and cannabis – whether the sentencing judge applied the incorrect maximum sentence for the cannabis offence – error established as to maximum sentence – re-sentencing – orders Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Battersby v R [2018] NSWCCA 141 Bobbin v R [2016] NSWCCA 38 Kentwell v R (2014) 252 CLR 601; [2014] HCA 37 Lehn v R (2016) 78 MVR 353; [2016] NSWCCA 255 R v Wong [2018] NSWCCA 20 Category: Principal judgment Parties: Michael John O'Neile (Applicant) The Crown (Respondent) Representation: Counsel: D Dalton SC (Applicant) F Veltro (Respondent)