Jackson v R [2019] NSWCCA 101

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Jackson v R [2019] NSWCCA 101 Hearing dates: 15 April 2019 Date of orders: 22 May 2019 Decision date: 22 May 2019 Before: Johnson J R A Hulme J Wright J Decision: (1) The applicant is granted leave to appeal. (2) The appeal is dismissed. Catchwords: SENTENCING – appeal against sentence – whether offences aggravated within pars (m), (n) or (o) of s 21A(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) – sentencing judge did not hold offences so aggravated – alternatively, if offences were held to be aggravated within s 21A(2)(m), (n) or (o), error in exercise of discretion – no lesser sentence warranted Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Cases Cited: DBW v R [2007] NSWCCA 236 DL v The Queen [2018] HCA 32 Mansour v R [2011] NSWCCA 28; 209 A Crim R 275 R v Yildiz [2006] NSWCCA 97; (2006) 160 A Crim R 218 Stokes v R [2008] NSWCCA 123; 185 A Crim R 74 Category: Principal judgment Parties: Matthu Razack Jackson (Applicant) Regina (Respondent) Representation: Counsel: Mr P Lange (Applicant) Ms K Jeffreys (Crown)

Solicitors: Hanna Legal (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2015/376441 Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 28 September 2017 Before: Scotting DCJ File Number(s): 2015/376441