Regina v Craig Thomas AH-SEE [2001] NSWCCA 375

New South Wales Court of Criminal Appeal

CITATION : Regina v Craig Thomas AH-SEE [2001] NSWCCA 375 FILE NUMBER(S) : CCA 60056/01 HEARING DATE(S) : 14 September 2001 JUDGMENT DATE : 14 September 2001

PARTIES : Regina Craig Thomas Ah-See JUDGMENT OF : Sully J at 1; Carruthers AJ at 36

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/61/0318 LOWER COURT JUDICIAL Neild DCJ OFFICER :

COUNSEL : G. Smith - Crown P. M. Winch - Appellant SOLICITORS : S. E. O'Connor - Crown Legal Aid Commission - Appellant

LEGISLATION CITED : Crimes Act 1900 (NSW) Drugs Misuse and Trafficking Act 1985 (NSW) Regina v Ellis (1986) 6 NSWLR 603 CASES CITED: Lowe v The Queen (1984) 154 CLR 606 Pearce v The Queen (1998) 194 CLR 610 Veen v The Queen [No. 2] (1988) 164 CLR 465 DECISION : Leave to appeal granted; Substantive appeal dismissed

IN THE COURT OF CRIMINAL APPEAL

60056/01

SULLY J CARRUTHERS AJ

FRIDAY 14 SEPTEMBER 2001 REGINA v CRAIG THOMAS AH-SEE JUDGMENT

1 SULLY J: On 29 January 2001 the present applicant, Mr Ah-See, stood for sentence before his Honour Judge Neild in the District Court at Cowra. The applicant had pleaded guilty to offences charged against him in two indictments. In one indictment he had been charged with having been an accessory after the fact to a robbery in company. Such an offence contravenes ss 97(1) and 349 of the Crimes Act 1900 (NSW) and attracts upon conviction a statutory maximum penalty of imprisonment for 14 years.

2 On the second indictment the applicant was charged with having supplied a prohibited drug on an on-going basis, an offence contravening s 25A of the Drugs Misuse and Trafficking Act 1985 (NSW) and attracting, relevantly, a sentence of imprisonment for 20 years.