Regina v Campbell [1999] NSWCCA 332

New South Wales Court of Criminal Appeal CITATION : Regina v Campbell [1999] NSWCCA 332 FILE NUMBER(S) : CCA 60391/99 HEARING DATE(S) : 20 October 1999 JUDGMENT DATE : 20 October 1999

Regina PARTIES : v David Alexander Campbell JUDGMENT OF : Mason P; James J; Kirby J

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL OFFICER : Woods DCJ

COUNSEL : T J Golding (App) C K Maxwell QC (Crown) SOLICITORS : T A Murphy (App) S E O'Connor (Crown) CATCHWORDS : CRIMINAL LAW; Practice and Procedure; Appeal against severity of sentence ACTS CITED : Drug Misuse and Trafficking Act, 1985 - s24(2) Sentencing Act, 1989 - s5(2) DECISION : Leave to appeal refused

IN THE COURT OF

CRIMINAL APPEAL 60391/99

MASON P JAMES J KIRBY J Wednesday 20 October 1999

REGINA v David Alexander CAMPBELL

JUDGMENT

1 KIRBY J: The applicant, David Alexander Campbell, seeks leave to appeal against a sentence imposed by his Honour Judge Woods QC on 19 April 1999. The sentence was imposed in respect of a charge under s24(2) of the Drug Misuse and Trafficking Act 1985, to which Mr Campbell pleaded guilty. The charge alleged that he had taken part in the manufacture of a commercial quantity of methylamphetamine. 2 The grounds of appeal emerge from a letter written on 9 July 1999, somewhat outside the normal period for appeal. Mr Campbell also seeks an extension of time to appeal, explaining the delay on the basis that he was unable to obtain legal assistance whilst in custody. Mr Campbell has since had that assistance. He is represented at this appeal by Mr Golding of counsel. Mr Golding has refined the grounds of appeal and they are as follows.