Darcy v R [2019] NSWCCA 159

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Darcy v R [2019] NSWCCA 159 Hearing dates: 12 July 2019 Decision date: 19 July 2019 Before: Leeming JA at [1]; R A Hulme J at [2]; Davies J at [57] Decision: 1. Leave to appeal against sentence granted. 2. Appeal against sentence dismissed. Catchwords: CRIME — appeals — appeal against sentence – sentenced for ongoing drug supply, drug supply, and proceeds of crime offences – whether primary judge failed to give any weight to remorse – no error established no submission made and where evidence of remorse relevant to s 21A(3)(i) not self-evident on the materials – whether primary judge imposed a manifestly excessive aggregate sentence – potential disadvantage on appeal where ground asserting manifest excess particularised in sub-grounds asserting patent error – no error in primary judge's assessment of objective seriousness where no submissions made below against such finding – no error in parity between the indicative sentences imposed for the supply offences – no error in aggregate sentence having regard to totality of criminality and the applicant's subjective case Legislation Cited: Crimes Act 1900 (NSW), s 193B(2) Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A(3) Drug Misuse and Trafficking Act 1985 (NSW), s 25A(1) Poisons and Therapeutic Goods Act 1966 (NSW), s 16(1) Cases Cited: Hurmz v R [2017] NSWCCA 235 JM v R [2014] NSWCCA 297; 246 A Crim R 528 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Mulato v R [2006] NSWCCA 282 Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221 Parente v R (2017) 96 NSWLR 633; [2017] NSWCCA 284 R v Smiroldo [2000] NSWCCA 120; 112 A Crim R 47 Zreika v R [2012] NSWCCA 44; 223 A Crim R 460 Category: Principal judgment Parties: Benjamin Darcy (Applicant) Regina (Respondent) Representation: Counsel: Mr M Smith (Applicant) Ms A Bonnor (Crown)