Regina v Parkinson [2001] NSWCCA 244

Reported Decision : 125 A Crim R 1

New South Wales Court of Criminal Appeal

CITATION : Regina v Parkinson [2001] NSWCCA 244 revised - 5/07/2001 FILE NUMBER(S) : CCA 60061/01 HEARING DATE(S) : 27/06/01 JUDGMENT DATE : 27 June 2001

PARTIES : Regina v John Parkinson JUDGMENT OF : Barr J at 38; Howie J at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/21/1151 LOWER COURT JUDICIAL Bellear DCJ OFFICER :

COUNSEL : M.C. Grogan - Crown C.B. Craigie - Applicant SOLICITORS : S.E. O'Connor - Crown King Lawyers - Applicant CATCHWORDS : Criminal law - Sentence - discount for early plea - accumulation of sentences - totality Justices Act 1902 - s 51A LEGISLATION CITED : Drug Misuse and Trafficking Act 1985 - ss 24, 25(1), 25(2) Firearms Act 1996 - s 36(1) Crimes (Sentencing Procedure) Act 1999 - ss 23, 44 CASES CITED: R v Thompson and Houlton (2000) 49 NSWLR 383 R v GDR (1994) 35 NSWLR 376 DECISION : See para 36

IN THE COURT OF CRIMINAL APPEAL

60061/02

BARR J HOWIE J

WEDNESDAY 27 June 2001 REGINA v JOHN EDWARD PARKINSON JUDGMENT 1 HOWIE J: The applicant John Edward Parkinson seeks leave to appeal against sentences imposed by Judge Bellear DCJ on 2 February 2001 for a number of drug and firearm offences. The applicant had pleaded guilty to these charges before a magistrate and was committed for sentence to the District Court under s 51A of the Justices Act. However, by reason of some defect in the committal document, an indictment was presented before the District Court containing the same charges to which the applicant had pleaded guilty before the magistrate and on being arraigned on that indictment the applicant again pleaded guilty. 2 The indictment contained six counts, five of them were offences concerning the supply and manufacture of amphetamine contrary to the provisions of the Drug Misuse and Trafficking Act. The counts on the indictment and the amount of drugs to which they relate are as follows: