Azzopardi v R [2019] NSWCCA 306

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Azzopardi v R [2019] NSWCCA 306 Hearing dates: 25 October 2019 Decision date: 20 December 2019 Before: Bathurst CJ at [1]; Fullerton J at [2]; R A Hulme J at [3] Decision: 1. Leave to appeal granted. 2. Appeal against sentence dismissed. Catchwords: CRIME – application for leave to appeal against sentence – drug supply offences – whether error to reject applicant's evidence of no financial reward for supplies – consideration of correct approach to asserted errors of fact finding on sentence – rejection of applicant's evidence soundly based on available inferences and well open to be made – whether error in misapplication of reasoning in Parente v R (2017) 96 NSWLR 633; [2017] NSWCCA 284 – consideration of non-custodial sentence not available where sentence of imprisonment required and length of sentence set at 5 years – whether sentence was manifestly excessive – sentence not unreasonable or plainly unjust Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), Pt 3 Div 3, s 68(3) Drug Misuse and Trafficking Act 1985 (NSW), s 25(1) Cases Cited: AB v R [2014] NSWCCA 339 Clarke v R [2015] NSWCCA 232; (2015) 254 A Crim R 150 EF v R [2015] NSWCCA 36 Gibson v R [2019] NSWCCA 221 Hordern v R [2019] NSWCCA 138 Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221 Parente v R (2017) 96 NSWLR 633; [2017] NSWCCA 284 R v O'Donoghue (1988) 34 A Crim R 397 R v Peter Francis Clark (Court of Criminal Appeal (NSW), 15 March 1990, unrep) Robertson v R [2017] NSWCCA 205 TH v R [2019] NSWCCA 184 Yin v R [2019] NSWCCA 217 Category: Principal judgment Parties: Joseph Charles Azzopardi (Applicant) Regina (Respondent) Representation: Counsel: Mr J Stratton SC with Mr B Vasic (Applicant) Mr D Patch (Crown)