Matu v R [2019] NSWCCA 23

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Matu v R [2019] NSWCCA 23 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 granted. (2) Appeal allowed. (3) The aggregate sentence passed in the District Court is confirmed, but is directed to commence on 25 May 2016. Accordingly, that sentence will comprise a non-parole period of 4 years 6 months, commencing on 25 May 2016 and expiring on 24 November 2020, and a balance term of 2 years 6 months, commencing on 25 November 2020 and expiring on 24 May 2023. Catchwords: CRIME – appeal against sentence – supply of 3,4 methylenedioxymethamphetamine in not less than a large commercial quantity – supply of cocaine in not less than an indictable quantity – aggravating and mitigating factors – generic statement of principle – whether aggravation regarding financial reward taken into account – whether aggravation regarding a series of criminal acts taken into account – whether as a whole reasons are proper and adequate

CRIME – appeal against sentence – arithmetical error – commencement date of sentence Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A Drug Misuse and Trafficking Act 1986 (NSW), s 25 Cases Cited: Assam v R [2019] NSWCCA 12 DBW v R [2007] NSWCCA 236 Hudson v R [2016] NSWCCA 278 Kassoua v R [2017] NSWCCA 307 Lee v R [2016] NSWCCA 146 Lehn v R (2016) 93 NSWLR 205; [2016] NSWCCA 255 R v Mills [2005] NSWCCA 175; (2005) 154 A Crim R 40 Wat v R [2017] NSWCCA 62 Category: Principal judgment Parties: Lopeti Joshua Matu (Applicant) Regina (Respondent) Representation: Counsel: J Paingakulam (Applicant) B Hatfield (Respondent)