R v CARTER [2003] NSWCCA 243

New South Wales Court of Criminal Appeal

CITATION : R v CARTER [2003] NSWCCA 243 HEARING DATE(S) : 01/09/2003 JUDGMENT DATE : 1 September 2003

JUDGMENT OF : Ipp JA at 24; Dunford J at 1; Greg James J at 25 DECISION : Appeal against conviction dismissed. Leave to appeal against sentence granted. Appeal dismissed.

CATCHWORDS : Criminal Law and Practice - drugs - ongoing supply for financial or material reward - whether evidence that accused received the financial reward on one of the occasions - whether reasonable inference. - Criminal Law - sentencing - special circumstances - longer non parole period to facilitate rehabilitation - need to show that if such a longer period is allowed, rehabilitation will probably be successful. LEGISLATION CITED : Drugs Misuse and Trafficking Act 1985 s 25A (1) Crimes (Sentencing Procedure) Act 1999 s44 PARTIES : Regina (Respondent) Susan Diane Carter (Appellant) FILE NUMBER(S) : CCA 60211/03 COUNSEL : P Miller - Respondent H Cox - Appellant SOLICITORS : SE O'Connor - Respondent DJ Humphreys - Appellant

LOWER COURT District Court JURISDICTION : LOWER COURT 01/51/0199 FILE NUMBER(S) : LOWER COURT Patten DCJ JUDICIAL OFFICER :

- 1 - IN THE COURT OF CRIMINAL APPEAL 060211/03

IPP JA DUNFORD J GREG JAMES J

MONDAY 1 SEPTEMBER 2003 R v SUSAN DIANE CARTER Judgment 1 DUNFORD J: This is an appeal by Susan Diane Carter against her conviction on one count of ongoing supply of prohibited drug contrary to s 25A (1) of the Drug Misuse and Trafficking Act 1985, and an application for leave to appeal against the sentence imposed upon her following such conviction. The s 25A (1) is as follows: "A person who, on 3 or more separate occasions during any period of 30 consecutive days, supplies a prohibited drug (other than cannabis) for financial or material reward is guilty of an offence. Maximum penalty: 3,500 penalty units or imprisonment for 20 years, or both"