Regina v Thompson and Falconer [1999] NSWCCA 50

New South Wales Court of Criminal Appeal CITATION : Regina v Thompson and Falconer [1999] NSWCCA 50 FILE NUMBER(S) : CCA 60661/97; 60690/97 HEARING DATE(S) : 8 March, 1999 JUDGMENT DATE : 30 March 1999

PARTIES : Regina v Paul Neil THOMPSON and Terry FALCONER JUDGMENT OF : Simpson J; Smart AJ

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

P R Cantrill for the Appellant Thompson COUNSEL : P Byrne, SC for the Appellant Falconer W G Dawe, QC for the Crown Chandra Jamnadas for the Appellant Thompson SOLICITORS : T A Murphy for the Appellant Falconer S E O'Connor for the Crown CATCHWORDS : Appeal against severity of sentence for drug offences - Manufacturing a commercial quantity of Methylamphetamine and Tetrahydrocannabinol. ACTS CITED : Drug Misuse and Trafficking Act 1985 CASES CITED: R. v Bernath [1997] IVR 271 Pearce v The Queen (1998) 72 ALJR 1416 DECISION : Leave to appeal against sentences granted. Appeals against sentences allowed and sentences imposed quashed. In lieu of the sentences imposed applicants are sentenced as follows: On charge of manufacturing methylamphetamine Thompson is sentenced to a minimum term of 5 years 6 months starting 30 June 1996 and ending 29 December 2001 and an additional term of 1 year 10 months commencing 30 December 2001 on which date Thompson will be eligible for parole. On charge of manufacturing tetrahydrocannabinol Thompson is sentenced to a concurrent fixed term of 4 years 6 months starting 30 June 1996 and ending 29 December 2000. On charge of manufacturing methylamphetamine Falconer is sentenced to a minimum term of 5 years 6 months starting 30 June 1996 and ending 29 December 2001 and an additional term of 1 year 10 months commencing 30 December 2001 on which date Falconer will be eligible for parole. On charge of manufacturing tetrahydrocannabinol Falconer is sentenced to a concurrent fixed term of 4 years 6 months starting 30 June 1996 and ending 29 December 2000.