Regina v Jeffrey Alister Cowper [2007] NSWDC 353

New South Wales District Court

CITATION: Regina v Jeffrey Alister Cowper [2007] NSWDC 353

JUDGMENT DATE: 6 August 2007

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ at 1

DECISION: Appeal allowed. Sentence varied. Imprisonment for 2 years with a non-parole period of 12 months. Release to supervised parole.

CATCHWORDS: Criminal law - Sentence appeal - Drug offence - Possess precursor intended for the manufacture of a prohibited drug - Maximum penalty imposed by Magistrate - Not the worst case of this offence - On conditional liberty at time of the offence - Plea of guilty - Need for supervision and rehabilitation amount to special circumstances

LEGISLATION CITED: s20(2)(b) Crimes (Appeal and Review) Act 2001 ss 24A, 33AB Drug Misuse and Trafficking Act 1985

PARTIES: Regina Jeffrey Alister Cowper

FILE NUMBER(S): 07/32/0365

SOLICITORS: Ms Harris for the NSW DPP Mr Couch for the appellant

JUDGMENT

1. Mr Cowper was convicted of a drug offence. The offence was contrary to s 24A of the Drug Misuse and Trafficking Act 1985 . It is described as possessing a precursor intended for use in the manufacturing or production of a prohibited drug. He pleaded guilty to that offence before a magistrate.

2. As a result of s 33AB the offence carries a maximum of ten years imprisonment or a fine of 2,000 penalty units or both. Section 31 of the same Act provides by subs 3 that if it is dealt with summarily, as it was in this case, the maximum is 100 penalty units or imprisonment for two years or both.

3. The learned magistrate in this case sentenced Mr Cowper to imprisonment for two years and specified a non-parole period of eighteen months.