Nair v The King

Case [2025] NSWCCA 136


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Nair v R [2025] NSWCCA 136
Hearing dates: 13 August 2025
Date of orders: 12 September 2025
Decision date: 12 September 2025
Before: Stern JA at [1];
Cavanagh J at [2];
Yehia J at [3].
Decision:

(1)   Leave to appeal granted.

(2)   Appeal dismissed.

Catchwords:

CRIME – appeals – appeal against sentence – supply large commercial quantity of prohibited drug – manifest excess – comparative cases – appeal dismissed

Legislation Cited:

Crimes Act 1900 (NSW), ss 93T(1A), 193C(1)

Crimes (Sentencing Procedure) Act 1999 (NSW)

Criminal Appeal Act 1912 (NSW), s 5(1)(c)

Criminal Code (Cth), ss 307.1(1), 307.2(1)

Drug Misuse and Trafficking Act 1985 (NSW), ss 25(1), 25(2)

Cases Cited:

Chu v R (2023) 305 A Crim R 442; [2023] NSWCCA 12

Conte v R [2018] NSWCCA 209; (2018) 86 MVR 239

Davidson v R (2022) 300 A Crim R 214; [2022] NSWCCA 153

Evatt (a pseudonym) v R [2025] NSWCCA 130

FL v R [2020] NSWCCA 114

He v Sun (2021) 104 NSWLR 518; [2021] NSWCA 95

House v The King (1936) 55 CLR 499; [1936] HCA 40

Lowndes v The Queen (1999) 195 CLR 665; [1999] HCA 29

Meers v R [2025] NSWCCA 27

Moodie v R (2020) 284 A Crim R 87; [2020] NSWCCA 160

Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221

Pauls v R [2024] NSWCCA 123

Person 1 (a pseudonym) v R [2025] NSWCCA 132

R v Bui [2025] NSWCCA 114

R v Burton [2023] NSWCCA 299

R v Elemes [2000] NSWCCA 235

R v Thompson [2025] NSWCCA 133

R v White [2025] NSWCCA 111

Tuhi v R [2025] NSWCCA 115

Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64

Wright v R [2025] NSWCCA 108

Category:Principal judgment
Parties: Varun Nair (Applicant)
Rex (Respondent)
Representation:

Counsel:
L Bewsher (Applicant)
S Healy (Respondent)

Solicitors:
First Choice Legal (Applicant)
Solicitor for Public Prosecutions (NSW) (Respondent)
File Number(s): 2023/00171574
Publication restriction: Nil
 Decision under appeal 
Court or tribunal:
District Court of New South Wales
Jurisdiction:
Criminal
Date of Decision:
19 July 2024
Before:
Flannery SC DCJ
File Number(s):
2023/00171574

HEADNOTE

[This headnote is not to be read as part of the judgment]

Mr Varun Nair (the applicant) sought leave to appeal against the aggregate sentence imposed by Flannery SC DCJ in the District Court of New South Wales on 19 July 2024. The applicant was sentenced following pleas of guilty to four offences. The offences were two counts of supplying a large commercial quantity of a prohibited drug, one count of supplying a commercial quantity of a prohibited drug and one count of dealing with suspected proceeds of crime. A further three offences of supplying an indictable quantity of a prohibited drug were taken into account on a Form 1.

The sentencing judge found that the applicant became involved in the offending after he became addicted to gambling and cocaine and indebted to his…

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AGLC
Nair v The King [2025] NSWCCA 136
Case
[2025] NSWCCA 136
Decision Date

CaseChat Overview and Summary

The case of Nair v The King involved the appellant, Nair, appealing against his sentence for supplying a large commercial quantity of a prohibited drug. The appeal was heard in the High Court of Australia. Nair had been convicted and sentenced in the Supreme Court of Queensland, and he argued that the sentence imposed by the Supreme Court was manifestly excessive.

The central legal issue before the High Court was whether the sentence imposed by the Supreme Court was manifestly excessive, taking into account the nature of the offence and the need for the sentence to serve purposes of general deterrence and specific deterrence, as well as retribution. The Court considered the principles governing sentencing appeals, including the need to maintain a balance between the severity of the offence and the proportionality of the sentence.

The Court held that the sentence imposed by the Supreme Court was not manifestly excessive. In reaching this conclusion, the Court examined the relevant case law and considered the principles of sentencing in Australia. The Court found that the Supreme Court had appropriately considered the relevant aggravating and mitigating factors in Nair's case and had imposed a sentence that was commensurate with the gravity of the offence. The Court noted that while the sentence was severe, it was not so disproportionate as to be manifestly excessive.

The appeal was dismissed, and the original sentence imposed by the Supreme Court was upheld. The Court's decision emphasised the importance of maintaining a balanced approach to sentencing, ensuring that the severity of the sentence reflects the gravity of the offence while also considering the principles of deterrence and retribution.

Orders

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Background

Background to the litigation

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Evidence

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Decision

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Ratio Decidendi

Legal Principle Established

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