Regina v Radford [2002] NSWCCA 122

New South Wales Court of Criminal Appeal

CITATION : Regina v Radford [2002] NSWCCA 122 FILE NUMBER(S) : CCA 60714/00 HEARING DATE(S) : 28 March 2002 JUDGMENT DATE : 28 March 2002

PARTIES : Regina v Stephen Charles Radford JUDGMENT OF : Studdert J at 46; Smart AJ at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/31/0089 LOWER COURT JUDICIAL Coolahan DCJ OFFICER :

COUNSEL : (A) P R Boulten (C) D M L Woodburne SOLICITORS : (A) Brezniak Neil - Smith & Co (R) S E O'Connor CATCHWORDS : Sentence - supplying heroin on an ongoing basis - applicant running a retail drug supply business trading in small quantities combination of facts and no compelling objective features - reliance on hearsay material in reports - no evidence of prime facts from applicant and no sufficient evidence as to other matters - importance of quality evidence - sentences not excessive LEGISLATION CITED : Drug Misuse and Trafficking Act 1985 CASES CITED: Nil DECISION : Leave to appeal against sentence granted. Appeal dismissed

IN THE COURT OF CRIMINAL APPEAL

60714/00

STUDDERT J SMART AJ Thursday, 28 March 2002

REGINA v STEPHEN CHARLES RADFORD

JUDGMENT

1. SMART AJ: Mr Radford appeals against the alleged severity of a sentence of six years imprisonment with a non-parole period of four years six months for the offence of supplying a prohibited drug (heroin) on an ongoing basis (count 1) and concurrent sentences of a fixed term of 18 months imprisonment on each of two counts of knowingly take part in the supply of a prohibited drug (heroin) (counts 5 and 6). The applicant was convicted and sentenced consequent upon the jury's verdict after a trial lasting three days in the District Court.