R v Hanley [2001] NSWCCA 350

Reported Decision : 125 A Crim R 268

New South Wales Court of Criminal Appeal

CITATION : R v Hanley [2001] NSWCCA 350 FILE NUMBER(S) : CCA 60361/99 HEARING DATE(S) : 10/8/2001 JUDGMENT DATE : 12 October 2001

PARTIES : Regina James Eugene Hanley JUDGMENT OF : Dowd J at 1; Smart AJ at 34

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 95/11/0888 LOWER COURT JUDICIAL Kirkham DCJ OFFICER :

COUNSEL : Ms C Davenport- Applicant Mr M Grogan- Crown SOLICITORS : Hovan & Co- Applicant S.E O'Connor- Crown CATCHWORDS : Sentencing - Manufacturing and supply of methylamphetamine - Repeat offence - Sentences partially cumulative - Sentences not excessive Crimes Act 1900 LEGISLATION CITED : Crimes (Sentencing Procedures) Act 1999 Drug Misuse and Trafficking Act 1985 R v Close (1992) 65 A Crim R 55. R v Hanley (Unreported, NSWCCA, 9 October 1998). CASES CITED: R v King (Unreported, NSWCCA, 18 August 1999). R v Moffitt (1990) 20 NSWLR 114. R v Pollock (1993) 67 A Crim R 166. R v Simpson (1992) 61 A Crim R 59. DECISION : 1. Appeal dismissed; and 2. Leave to appeal granted.

IN THE COURT OF CRIMINAL APPEAL

60361/99

DOWD J SMART AJ

12 October 2001

Regina v James Eugene HANLEY Judgment 1 DOWD J: This is an application for leave to appeal against a sentence imposed by Kirkham DCJ after a trial of the applicant, James Hanley, with two co-accused, on indictments alleging, first, that the parties took part in the manufacture of not less than a commercial quantity of methylamphetamine, and secondly, that they did supply not less than a large commercial quantity of methylamphetamine. The maximum penalty prescribed by s33(2)(a) of the Drug Misuse and Trafficking Act 1985 ('the Act') for each offence, is life imprisonment, and/or a fine of 5,000 penalty units. 2 The trial lasted five weeks, resulting in a verdict of guilty and conviction on both counts on 18 December 1998. The applicant was sentenced on 28 June 1999 to ten years imprisonment, with a minimum term of seven years and six months, to date from 6 April 1999, and an additional term of two years and six months. 3 All three co-accused had pleaded not guilty to both of the offences. These convictions represented the applicant's second conviction for an offence of this type. He had been previously sentenced on 12 May 1998 by Woods QC DCJ for the offence of knowingly taking part in the supply of a large commercial quantity of methylamphetamine. The original sentence was quashed by the Court of Criminal Appeal and increased to two years and eight months, with a minimum term of two years commencing on 12 May 1998 and expiring on 11 January 2000. The additional term of eight months expired on 11 January 2001. 4 The sentence of Kirkham DCJ was therefore concurrent with the last thirteen months of the previous term and the whole of the additional term imposed on the applicant by the Court of Criminal Appeal. 5 The co-accused, Craig Hauesler, was sentenced on the same day to seven years imprisonment, with a minimum term of five years and three months, and an additional term of one year and nine months. This was after His Honour had granted a thirty percent discount to reflect assistance coming within s442B of the Crimes Act 1900. 6 Carl Christie, the other co-accused, was sentenced to six years imprisonment, with a minimum term of four years and six months, and an additional term of one year and six months. 7 The remaining co-offender, Spyridis, was separately tried before Flannery QC DCJ, and was sentenced to seven years imprisonment with a minimum term of five years and an additional term of two years.