Holden v Regina (NSW) [2002] NSWCCA 397

New South Wales Court of Criminal Appeal

CITATION : Holden v Regina (NSW) [2002] NSWCCA 397 FILE NUMBER(S) : CCA 60161/02 HEARING DATE(S) : 27 September 2002 JUDGMENT DATE : 27 September 2002

PARTIES : Craig Leslie Holden v Regina (NSW) JUDGMENT OF : Buddin J at 1,15; Smart AJ at 2

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 02/11/0039 LOWER COURT JUDICIAL Downs DCJ OFFICER :

COUNSEL : (A) P M Winch (C) P G Ingram SOLICITORS : (A) D J Humphreys (C) S E O'Connor CATCHWORDS : Sentencing - sentence manifestly excessive - no question of principle. LEGISLATION CITED : Nil CASES CITED: Nil DECISION : See paras 14 and 15

IN THE COURT OF CRIMINAL APPEAL

60161/02 BUDDIN J SMART AJ

Friday, 27 September 2002

REGINA v CRAIG LESLIE HOLDEN

JUDGMENT

1. BUDDIN J: I will ask A/Justice Smart to give the first judgment.

2. SMART AJ: Craig Leslie Holden seeks leave to appeal against a sentence of imprisonment for 4 years with a non-parole period of 2 years for the offence of supplying a prohibited drug (methylamphetamine) taking into account two counts of possess prohibited drug (cannabis and cannabis resin) and one count of goods in custody.

3. About 4.30 pm on 31 July 2001 the police entered the offender's room, a small bed-sitter with a kitchenette attached, being 1/56 Darley Road, Manly. A search warrant was executed. All except one of the drugs which were found were clearly seen sitting next to the offender on top of the mattress. These drugs were found: (i) 13 clear gel capsules containing an amphetamine known as ice (2.3 grams – value about $650) and 2 separate bags of amphetamine weighing about 40.6 grams and having a total value of about $4000.