Regina v Lilley [2000] NSWCCA 57

Reported Decision : 111 A Crim R 468

New South Wales Court of Criminal Appeal

CITATION : Regina v Lilley [2000] NSWCCA 57 revised - 23/03/2000 FILE NUMBER(S) : CCA 60459/99 HEARING DATE(S) : 06/03/00 JUDGMENT DATE : 10 March 2000

Regina PARTIES : v Ronald S Lilley JUDGMENT OF : Fitzgerald JA at 1; Barr J at 8; Smart AJ at 9

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 97/21/3053; 98/21/3325; 98/21/3326 LOWER COURT JUDICIAL Moore DCJ OFFICER :

COUNSEL : P G Berman (Crown) W C Terracini SC (Respondent) SOLICITORS : S E O'Connor (Crown) Ward Maxwell & Co (Respondent) CATCHWORDS : Sentencing. - Sentences must reflect objective gravity of offences. LEGISLATION CITED : Suitors' Fund Act 1951, Costs in Criminal Cases Act 1967 DECISION : Appeal allowed; sentences quashed.; In lieu of the sentences imposed, Ronald Stephen Lilley is sentenced:; (i) for the offence of attempt to pervert the course of justice to a minimum term of imprisonment of one year starting on 22 July 1998 and ending on 21 July 1999 and an additional term of 1 year starting on 21 July 1999.; (ii) for the offence of supply prohibited drug in July 1998 to a minimum term of imprisonment of one year starting on 22 July 1998 and ending on 21 July 1999 and an additional term of 1 year starting on 22 July 1999.; (iii) for the offence of on 13 June 1996 knowingly take part in the supply of a commercial quantity of heroin to a minimum term of imprisonment for 2 years starting on 22 July 1999 and ending on 21 July 2001 and an additional term of 2 years starting on 22 July 2001. The refusal of this Court to make the requested recommendation is without prejudice to Mr Lilley's application to the Director-General.