Kay v R [2019] NSWCCA 275

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Kay v R [2019] NSWCCA 275 Hearing dates: 28 October 2019 Date of orders: 20 November 2019 Decision date: 20 November 2019 Before: Payne JA at [1] Harrison J at [2] N Adams J at [34] Decision: (1) Grant leave to appeal. (2) Allow the appeal. (3) Quash the sentence imposed upon the applicant on 17 April 2019 by Delaney A-DCJ. (4) In lieu thereof, sentence the applicant to a non-parole period of imprisonment for 12 months commencing on 20 January 2019 and expiring on 19 January 2020 with a balance of term of 17 months expiring on 19 June 2021. Catchwords: CRIME - sentence appeal – where applicant pleaded guilty to supply prohibited drug on an ongoing basis – where applicant sentenced to imprisonment for 4 years with a non-parole period of 1 year and 8 months – where further offence of supply prohibited drug on an ongoing basis also taken into account on sentence – whether sentence manifestly excessive - appeal allowed - resentence Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 24(a), 47 Criminal Appeal Act 1912 (NSW), s 5(1)(c) Drug Misuse and Trafficking Act 1985 (NSW), s 25(A) Cases Cited: Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54 Category: Principal judgment Parties: Sharna-Marie Kay (Applicant) Crown (Respondent) Representation: Counsel: O Samin, Solicitor Advocate (Applicant) D Patch (Respondent)