REGINA v. BROWN [1999] NSWCCA 349

New South Wales Court of Criminal Appeal CITATION : REGINA v. BROWN [1999] NSWCCA 349 FILE NUMBER(S) : CCA 60467/99 HEARING DATE(S) : 25 October 1999 JUDGMENT DATE : 25 October 1999

PARTIES : REGINA v. DEBBIE-ANNE BROWN JUDGMENT OF : Simpson J at 15; Smart AJ at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/21/3074 98/21/3042 LOWER COURT JUDICIAL OFFICER : Coleman DCJ

COUNSEL : Applicant: In person Respondent: L.M.B. Lampratti SOLICITORS : Respondent: S.E. O'Connor CATCHWORDS : Deemed supply of methylamphetamine; strong subjective features; sentence not excessive DECISION : Appeal dismissed

IN THE COURT OF CRIMINAL APPEAL 60467/99

SIMPSON J SMART AJ

25 October 1999

REGINA v. DEBBIE-ANNE BROWN

JUDGMENT 1 SMART AJ: Debbie-Anne Brown seeks leave to appeal against the severity of her sentence comprising a minimum term of six months and an additional term of twelve months for supplying a prohibited drug, Methylamphetamine, in that she had in possession a quantity not less than the trafficable quantity applicable for that drug. 2 At the trial the applicant admitted to the possession of 25.11 grams of Methylamphetamine. The trafficable quantity is 3 grams and the indictable quantity is 5 grams. The Judge summarised the position thus in his remarks on sentence: "The Crown relied upon the deeming provisions and certain paraphernalia or accoutrements of dealing found at the premises which included a small plastic bag containing smaller plastic bags, a set of electronic scales, a clear plastic bag containing 24 grams of white powder containing Methylamphetamine found in a shoe in the prisoner's bedroom, a clear plastic bag containing .31 grams of white powder containing Methylamphetamine found under a drawer in a bedside table. Also two clear marked plastic bags in the top drawer of the bedside table, each of which were marked with what were I am satisfied at one time weights of 26.2 and 11.4 respectively.