Regina v Keith Brown [2001] NSWCCA 367

New South Wales Court of Criminal Appeal

CITATION : Regina v Keith Brown [2001] NSWCCA 367 revised - 21/09/2001 FILE NUMBER(S) : CCA 60651/00 HEARING DATE(S) : 12 September 2001 JUDGMENT DATE : 12 September 2001

PARTIES : Regina Keith Brown JUDGMENT OF : Sully J at 1; Carruthers AJ at 20

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/31/0149 LOWER COURT JUDICIAL English DCJ OFFICER :

COUNSEL : D. Woodburne - Crown R. Burgess - Appellant SOLICITORS : S. E. O'Connor - Crown Legal Aid Commission of NSW - Appellant

CASES CITED: R v Deeble (unreported) CCA 19/9/91 DECISION : Leave to appeal granted; appeal upheld; sentences imposed in Court below quashed - in lieu: on count 1 a sentence of imprisonment for 4 years commencing on a day 7 weeks prior to 1st September 2000. Non parole period of 2 years to commence on that same day.

IN THE COURT OF CRIMINAL APPEAL

60651/00

SULLY J CARRUTHERS AJ

Wednesday 12 September 2001 Regina v Keith Brown JUDGMENT

1 SULLY J: The Court is in a position to deal with this matter.

2 The present applicant, Mr Brown, seeks leave to appeal against the asserted severity of sentences passed upon him by her Honour Judge English sitting in the District Court at Newcastle on 29 September 2000.

3 Mr Brown had pleaded guilty before her Honour to two counts, each of which charged him with the supply of a prohibited drug, namely, methylamphetamine. The supply was a deemed supply; and each of the two offences thus charged exposed Mr Brown upon conviction to a statutory maximum penalty of, relevantly, imprisonment for 15 years.

4 Mr Brown asked her Honour to take into account, - and her Honour did take into account, - two further matters that were placed before her Honour upon a Form 1.