Thomas v R [2019] NSWCCA 88

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Thomas v R [2019] NSWCCA 88 Hearing dates: 18 March 2019; 20 March 2019 Date of orders: 29 April 2019 Decision date: 29 April 2019 Before: Bathurst CJ at [1]; Price J at [2]; Ierace J at [3] Decision: (1) Leave to appeal granted. (2) Appeal allowed. (3) The sentence imposed in the District Court of New South Wales on 25 May 2018 is quashed. (4) The applicant is sentenced to a term of imprisonment of 5 years with a non-parole period of 3 years 2 months commencing on 22 December 2016 and expiring on 21 February 2020, with a balance of term of 1 year 10 months commencing on 22 February 2020 and expiring on 21 December 2021. (5) The earliest date the applicant will be eligible to be released on parole is 21 February 2020. Catchwords: CRIME – appeal against sentence – supply of a commercial quantity of cocaine – whether error in assessment of objective seriousness of offence – whether failure to take into account remorse – re-sentence Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s, 21A Drug Misuse and Trafficking Act 1985 (NSW), s, 25 Cases Cited: AB v R [2013] NSWCCA 160; (2013) 233 A Crim R 205 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Lees v R [2019] NSWCCA 65 Mulato v R [2006] NSWCCA 282 Paxton v R [2011] NSWCCA 242; (2011) 219 A Crim R 104 Category: Principal judgment Parties: Scott Jon Thomas (Applicant) Regina (Respondent) Representation: Counsel: S Kluss (Applicant) K Jeffreys (Respondent)