Neal v R [2019] NSWCCA 104

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Neal v R [2019] NSWCCA 104 Hearing dates: 8 May 2019 Date of orders: 03 June 2019 Decision date: 03 June 2019 Before: White JA at [1] Harrison J at [5] R A Hulme J at [48] Decision: (1) Grant leave to appeal. (2) Dismiss the appeal. Catchwords: CRIME – sentence appeal – where applicant convicted of supplying a prohibited drug – where applicant sentenced to imprisonment for 5 years, with a non-parole period of 3 years – whether sentencing judge was provided with incorrect information in pre-sentence report – whether mention of gun by prosecutor and sentencing judge during sentencing proceedings was misleading – whether sentencing judge erred by not backdating sentence to date applicant entered custody – whether sentencing judge was provided with incorrect information about location of applicant's property and co-offender's property – whether sentence manifestly excessive – whether Blackberry phone pictures were misleading – appeal dismissed Legislation Cited: Drug Misuse and Trafficking Act 1985 (NSW), s 25 Cases Cited: Newman v R [2018] NSWCCA 208 Pannowitz v R [2016] NSWCCA 13 Category: Principal judgment Parties: Robert Neal (Applicant) Crown (Respondent) Representation: Counsel: K Jeffreys (Respondent)

Solicitors: Office of the Director of Public Prosecutions (Respondent) File Number(s): 2015/322054 Publication restriction: Nil Decision under appeal Court or tribunal: District Court New South Wales Jurisdiction: Criminal Citation: [2018] NSWDC 30 Date of Decision: 27 February 2018 Before: Berman SC DCJ File Number(s): 2015/322054; 2015/319431; 2015/139398