Regina v Nuth [2001] NSWCCA 318

New South Wales Court of Criminal Appeal

CITATION : Regina v Nuth [2001] NSWCCA 318 FILE NUMBER(S) : CCA 60777/00 HEARING DATE(S) : 1`7 August 2001 JUDGMENT DATE : 17 August 2001

PARTIES : Regina v Savuth Nuth JUDGMENT OF : Sully J at 22; Smart AJ at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/21/2140 LOWER COURT JUDICIAL Blanch CJ/DC OFFICER :

COUNSEL : (A) A P Cook (C) G E Smith SOLICITORS : (A) D J Humphreys (C) S E O'Connor CATCHWORDS : Sentencing - supply of 3 very small quantities of heroin in 30 days by 18 year old youth - valuable admissions proving Crown case - rehabilitation LEGISLATION CITED : Drug Misuse & Trafficking Act 1985 CASES CITED: Nil DECISION : Leave to appeal granted - appeal allowed - sentence quashed - In lieu of the sentence imposed, the applicant is sentenced to three years imprisonment starting on 26 August 2000 with a non-parole period of 18 months starting on that day and ending on 25 February 2002. Order that the applicant be released on parole on 26 February 2002 on conditions settled by the Parole Board. Special regard should be paid to supervision of his drug rehabilitation.

IN THE COURT OF CRIMINAL APPEAL

60777/00 SULLY J SMART AJ Friday 17 August 2001

REGINA v SAVUTH NUTH

JUDGMENT

1 SMART AJ : Savuth Nuth seeks leave to appeal from the District Court against the severity of a sentence of imprisonment for four years commencing on 26 August 2000 with a non-parole period of two years for supplying heroin on three occasions within 30 days contrary to s 25A of the Drug Misuse and Trafficking Act 1985 . The offences occurred within 30 days of 6 May 1999. The judge took into account two further offences, namely, supplying heroin on 2 September 1999 and goods in custody, being $30, on the same day.