Grogan v R [2019] NSWCCA 51

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Grogan v R [2019] NSWCCA 51 Hearing dates: 25 February 2019 Date of orders: 18 March 2019 Decision date: 18 March 2019 Before: Gleeson JA at [1] Harrison J at [2] Davies J at [42] Decision: (1) Grant leave to appeal. (2) Dismiss the appeal. Catchwords: CRIMINAL LAW – appeal against sentence – where appellant sentenced for manufacturing commercial quantity of prohibited drug, supplying commercial quantity of prohibited drug, and knowingly dealing with proceeds of crime – where appellant sentenced to aggregate sentence of 14 years imprisonment with a non-parole period of 10 years – whether in determining the aggregate sentence the sentencing judge erred in the application of the totality principle – whether the sentence imposed upon the applicant resulted in double punishment – whether sentence manifestly excessive – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), s 193B(2) Drug Misuse and Trafficking Act 1985 (NSW), ss 24(2), 25(2) Cases Cited: Brent Redfern v R (2012) 228 A Crim R 56; [2012] NSWCCA 178 Kwok v R [2018] NSWCCA 200 Pannowitz v R [2016] NSWCCA 13 R v MAK (2006) 167 A Crim R 159; [2006] NSWCCA 381 Soames v R [2014] NSWCCA 158 Category: Principal judgment Parties: Jason John Grogan (Appellant) Regina (Respondent) Representation: Counsel: A Djemal (Appellant) K Ratcliffe (Respondent)