Gilmour v R [2018] NSWCCA 295

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Gilmour v R [2018] NSWCCA 295 Hearing dates: 30 November 2018 Date of orders: 12 December 2018 Decision date: 12 December 2018 Before: Hoeben CJ at CL at [1] Johnson J at [2] Campbell J at [84] Decision: 1. Leave to appeal against sentence granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW – appeal against sentence – serious drug supply offences – sentencing Judge erred in invoking concept of exceptional circumstances on sentence for drug supply offences – applicant sentenced before decision in Parente v R [2017] NSWCCA 284 – error conceded by the Crown – Court to exercise sentencing discretion under s.6(3) Criminal Appeal Act 1912 – no lesser sentence warranted – appeal dismissed Legislation Cited: Crime (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Drug Misuse and Trafficking Act 1985 Cases Cited: Aslan v R [2014] NSWCCA 114 Dayment v R [2018] NSWCCA 132 Hanley v R [2018] NSWCCA 262 Hiron v R [2018] NSWCCA 10 JM v R (2014) 246 A Crim R 528; [2014] NSWCCA 297 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Parente v R [2017] NSWCCA 284 R v Clark (unreported, Court of Criminal Appeal, 15 March 1990) Texts Cited: --- Category: Principal judgment Parties: Jeffrey Robert Gilmour (Applicant) Regina (Respondent) Representation: Counsel: Ms S Kluss (Applicant) Ms B Baker (Respondent)