Grimes v R

THE COURT: Because of the very limited issue on this application for leave to appeal, and with the complete concurrence of the parties about that issue, we consider it appropriate to resolve this matter now.

Mr Anthony John Grimes (the applicant) was sentenced to imprisonment by Judge Norrish QC on 21 April 2021, after having pleaded guilty to one count of conspiring to import two border-controlled drugs in a commercial quantity.

The sentence comprised a head sentence of 9 years with a non-parole period of 6 years. Unfortunately, despite an explicit enquiry by the learned sentencing judge, there was confusion on the part of both counsel as to the precise backdate that should be afforded to the applicant.

The only proposed ground of appeal against sentence is to do with that backdate. The parties have agreed that the correct commencement date of the sentence is 16 September 2019. That is the considered position of the parties and it has been checked by both.

Furthermore, both parties are agreed that this is not the kind of error that re-opens the question of re-sentence at large, in accordance with s 6(3) of the Criminal Appeal Act 1912 (NSW); see also Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 and Lehn v R [2016] NSWCCA 255 at [72]. Rather, it is a discrete or mathematical error that can be dealt with on its own.

We agree with that joint position of the parties, and that is what the following orders do.