R v McVittie [2002] NSWCCA 344

New South Wales Court of Criminal Appeal

CITATION : R v McVittie [2002] NSWCCA 344 FILE NUMBER(S) : CCA 60355/02 HEARING DATE(S) : 13 August 2002 JUDGMENT DATE : 13 August 2002

PARTIES : R v Leslie John McVittie JUDGMENT OF : Giles JA at 1; Wood CJ at CL at 32; Levine J at 34

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : DC 01/21/0177 LOWER COURT JUDICIAL Williams DCJ OFFICER :

COUNSEL : E Wilkins - Crown/appellant M Paish - Respondent SOLICITORS : S E O'Connor - Crown/Appellant D J Humphreys - Respondent CATCHWORDS : Crown appeal - over 3 months conducted business of supplying methylamphetamine and cannabis leaf - was on parole for previous drug offence - sentence 3 years imprisonment and 2 years non-parole period - order for periodic detention - effective sentence of 15 months imprisonment, 7 months period detention and 12 months parole - query whether could order partial periodic detention - sentence manifestly lenient - particular errors in seeing self-interest as contrition and giving credit of 2 months imprisonment for a reporting condtion while on bail - substituted sentence 3 years 6 months full-time custody with non-parole period 2 years 4 months. CASES CITED: R v Bennett (1996) 85 A Crim R 76 DECISION : Appeal upheld. Sentence varied to imprisonment for 3 years and 6 months to commence on 5 January 2001 and to expire on 4 July 2004. Non-parole period 2 years 4 months to commence on 5 January 2001 and to expire on 4 May 2003. 5 May 2003 specified as the earliest date on which the respondent may be released on parole.

IN THE COURT OF CRIMINAL APPEAL CCA 60355/02 DC 01/21/0177