Bell v R [2019] NSWCCA 271

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Bell v R [2019] NSWCCA 271 Hearing dates: 30 September 2019 Date of orders: 08 November 2019 Decision date: 08 November 2019 Before: Hoeben CJ at CL at [1] Brereton JA at [5] Cavanagh J at [10] Decision: (1) Leave to appeal is granted. (2) The appeal is upheld. (3) The sentence imposed in the District Court on 27 January 2017 is quashed. (4) In lieu thereof, a sentence of imprisonment of 13 years and 4 months is imposed with a non-parole period of 9 years expiring on 21 July 2024. Catchwords: CRIME — appeals — appeal against sentence — application for leave to appeal — manufacture of a large commercial quantity of a prohibited drug contrary to s 24(2) of the Drug Misuse and Trafficking Act 1985 (NSW) — four co-offenders — where other co-offenders received shorter non-parole period than applicant — whether sentencing judge erred in not finding special circumstances for applicant — whether justifiable sense of grievance arising from a lack of parity between sentences of co-offenders — justifiable sense of grievance as a factor under s 21A(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW) — resentence Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Caristo v R [2011] NSWCCA 7 Collier v R [2012] NSWCCA 213 Green v The Queen (2011) 244 CLR 462; [2011] HCA 49 House v R (1936) 55 CLR 499; [1936] HCA 40 Lowe v The Queen (1984) 154 CLR 606 R v Fidow [2004] NSWCCA 172 R v Lulham [2016] NSWCCA 287 R v Pan [2005] NSWCCA 114 R v Simpson (2001) 53 NSWLR 704; [2001] NSWCCA 534 R v Wahabzadah [2001] NSWCCA 253 Tatana v Regina [2006] NSWCCA 398 Thach v R [2018] NSWCCA 252 Texts Cited: Nil Category: Principal judgment Parties: Troy Jason Bell – Applicant Regina – Respondent Representation: Counsel: Mr C Smith SC – Applicant Ms K Jeffreys – Respondent Crown