Diri v R [2019] NSWCCA 319

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Diri v R [2019] NSWCCA 319 Hearing dates: 9 December 2019 Date of orders: 23 December 2019 Decision date: 23 December 2019 Before: Macfarlan JA at [1] Davies J at [2] Hidden AJ at [69] Decision: (1) Grant leave to appeal. (2) Allow the appeal in respect of ground 2. (3) Quash the sentence imposed by Judge Craigie SC in the District Court on 12 April 2019. In lieu, sentence the applicant to an aggregate sentence of two years nine months' imprisonment commencing 12 July 2018 and expiring 11 April 2021 with a non-parole period of one year nine months expiring 11 April 2020. The appellant will be eligible for parole from 11 April 2020. (4) Otherwise dismiss the appeal. Catchwords: CRIMINAL LAW – appeals – appeal against sentence – applicant pleaded guilty to two drug supply offences – further offences taken into account on sentence – applicant made nine separate supplies to undercover police operatives – seven of the supplies involved methylamphetamine and two involved inert substances – where the sentencing judge assessed the objective seriousness of the offending collectively – where the parties had made submissions on the objective seriousness of the offending collectively – sentencing judge made reference to the relevant matters in assessing the objective seriousness of the offending – no error shown – whether the sentencing judge erred in fixing the commencement date of the sentence – where the commencement date did not accord with the sentencing judge's decision to backdate the sentence – error demonstrated – no need to engage in the resentencing exercise Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) s 11 Cases Cited: Daher v R [2018] NSWCCA 287 Delaney v R; R v Delaney [2013] NSWCCA 150; (2013) 230 A Crim R 581 Gordon v R [2018] NSWCCA 54 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Lehn v R (2016) 93 NSWLR 205; [2016] NSWCCA 255 Lyons v R [2017] NSWCCA 204 Mulato v R [2006] NSWCCA 282 R v DW [2012] NSWCCA 66; (2012) 221 A Crim R 63 R v Kijurina [2017] NSWCCA 117 R v Smiroldo [2000] NSWCCA 120; (2000) 112 A Crim R 47 R v Yaghi [2002] NSWCCA 396; (2002) 133 A Crim R 490 Zreika v R [2012] NSWCCA 44; (2012) 223 A Crim R 460 Texts Cited: Nil Category: Principal judgment Parties: George Diri (Applicant) Crown (Respondent) Representation: Counsel: J Paingakulam (Applicant) M Millward (Respondent)