Purdie v R [2019] NSWCCA 22

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Purdie v R [2019] NSWCCA 22 Hearing dates: 17 October 2018 Date of orders: 15 February 2019 Decision date: 15 February 2019 Before: Bathurst CJ at [1]; Hoeben CJ at CL at [2]; Price J at [3] Decision: (1) Leave to appeal against sentence is granted. (2) The sentence imposed on Lecx Purdie on 17 November 2017 is quashed. (3) Remit Lecx Purdie to the District Court at Sydney for re-sentence. (4) List the matter for mention at the District Court at Sydney on 1 March 2019 to fix a date for sentence. Catchwords: CRIME – appeal against sentence – supply of not less than an indictable quantity of cocaine – knowingly deal with the proceeds of crime – procedural fairness –adverse findings made by the judge beyond the agreed facts – adverse findings not raised with the parties – denial of procedural fairness – sentence quashed Legislation Cited: Crimes Act 1900 (NSW), s 193B Drug Misuse and Trafficking Act 1985 (NSW), s 25 Cases Cited: Assam v R [2019] NSWCCA 12 Chow v DPP (1992) 28 NSWLR 593 DL v The Queen [2018] HCA 32; (2018) 92 ALJR 764 GAS v The Queen (2004) 217 CLR 198; [2004] HCA 22 Nguyen v R [2015] NSWCCA 268 R v Falls [2004] NSWCCA 335 R v Uzabeaga [2000] NSWCCA 381; (2000) 119 A Crim R 452 Re Minister for Immigration and Multicultural Affairs and Another ex parte Miah (2001) 206 CLR 57; [2001] HCA 22 The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54 Weir v R [2011] NSWCCA 123 Category: Principal judgment Parties: Lecx Purdie (Applicant) Regina (Respondent) Representation: Counsel: G Turnbull SC and R Khalilizadeh (Applicant) B Hatfield (Respondent)