Wilson v The King

Case [2025] NSWCCA 86


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Wilson v R [2025] NSWCCA 86
Hearing dates: 12 May 2025
Date of orders: 6 June 2025
Decision date: 06 June 2025
Before: Adamson JA at [1]
Dhanji J at [2]
Weinstein J at [76]
Decision:

(1)   Leave to appeal is granted.

(2)   The appeal is dismissed.

Catchwords:

CRIME – appeals – appeal against sentence – offence of supply prohibited drug not less than commercial quantity – offence of deal with property reasonably suspected to be proceeds of crime – self-represented applicant – complaints with respect to backdating, cumulation, parity – further issues – manifest excess – failure to specify non-parole period in indicative sentence for offence with standard non-parole period – grounds of appeal not established – leave to appeal granted – appeal dismissed

Legislation Cited:

Crimes Act 1900 (NSW), s 193C(2)

Crimes (Administration of Sentences) Act 1999 (NSW), s 158

Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A, 24(a), 25D, 44(2C), 47, 53A(2)(b), 54B(4), 54B(7), 101A

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

Criminal Procedure Act 1986 (NSW), s 166

Drug Misuse and Trafficking Act 1985 (NSW), ss 3, 25(2), 29

Cases Cited:

Afu v R [2017] NSWCCA 246

Benn v R [2023] NSWCCA 24; (2023) 305 A Crim R 550

Betts v The Queen (2016) 258 CLR 420; [2016] HCA 25

Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37

Cahyadi v R [2007] NSWCCA 1; (2007) 168 A Crim R 41

Callaghan v R [2006] NSWCCA 58; (2006) 160 A Crim R 145

Clarke v R [2013] NSWCCA 260

Daw v R [2017] NSWCCA 327

Elmir v R [2023] NSWCCA 260

Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49

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

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

Ibbotson (a pseudonym) v R [2020] NSWCCA 92

Ibrahim v R [2022] NSWCCA 161; (2022) 371 FLR 30

Jones v Stephens (Supreme Court (NSW), McInerney J, 8 October 1985, unrep)

Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37

Kitson v R [2022] NSWCCA 166; (2022) 300 A Crim R 469

Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46

MO v R [2023] NSWCCA 26

Nguyen v The Queen (2016) 256 CLR 656; [2016] HCA 17

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

Parente v R (2017) 96 NSWLR 633; [2017] NSWCCA 284

Parris v R [2013] NSWCCA 5

Pearce v The Queen (1998) 194 CLR 610; [1998] HCA 57

Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26

R v English [2000] NSWCCA 245

R v Farrugia [2022] NSWCCA 98

R v McHugh (1985) 1 NSWLR 588

R v Tuncbilek [2004] NSWCCA 139

R v Wahabzadah [2001] NSWCCA 253

R v XX [2009] NSWCCA 115; (2009)…

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AGLC
Wilson v The King [2025] NSWCCA 86
Case
[2025] NSWCCA 86
Decision Date

CaseChat Overview and Summary

The matter of Wilson v The King involved the appellant, who was self-represented, appealing against the sentence imposed for the offences of supplying a prohibited drug in a quantity not less than commercial and dealing with property reasonably suspected to be the proceeds of crime. The appeal was heard in the High Court of Australia, which granted leave for the appeal to proceed. The appellant raised several grounds for appeal, including complaints about the backdating of the sentence, cumulation of sentences, parity between sentences, and manifest excess. Additionally, the appellant argued that the trial judge failed to specify a non-parole period in the indicative sentence for the offence with a standard non-parole period.

The primary legal issues before the court were whether the grounds of appeal had been established by the appellant and whether the sentence imposed was excessive. The court was required to assess the appellant's complaints concerning the backdating, cumulation, and parity of the sentences, as well as whether the failure to specify a non-parole period in the indicative sentence for the offence with a standard non-parole period constituted an error. The court also needed to determine whether the sentence imposed was manifestly excessive.

The High Court of Australia found that none of the grounds of appeal raised by the appellant had been established. The court held that the appellant's complaints about the backdating, cumulation, and parity of the sentences did not provide sufficient grounds for interference with the sentence imposed. Furthermore, the court determined that the failure to specify a non-parole period in the indicative sentence for the offence with a standard non-parole period did not amount to an error that warranted appeal. The court also concluded that the sentence imposed was not manifestly excessive, taking into account the nature and circumstances of the offences committed. Consequently, the appeal was dismissed, and the original sentence was upheld.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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