Regina v Sankey [2002] NSWCCA 135

New South Wales Court of Criminal Appeal

CITATION : Regina v Sankey [2002] NSWCCA 135 FILE NUMBER(S) : CCA 60499/01 HEARING DATE(S) : 26 March 2002 JUDGMENT DATE : 26 March 2002

PARTIES : Regina v Joseph Michael Sankey JUDGMENT OF : Studdert J at 39; Smart AJ at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/11/0436; 00/11/0940 LOWER COURT JUDICIAL Latham DCJ OFFICER :

COUNSEL : (A) D I Cassidy QC (R) L M B Lampratti SOLICITORS : (A) - (R) S E O'Connor CATCHWORDS : Sentencing - serious drug and sexual offences - applicant assaulted by burglars and suffers quite severe brain damage substantially affecting his conduct - insufficient allowance for medical condition. LEGISLATION CITED : Nil CASES CITED: Nil DECISION : See para 38

IN THE COURT OF CRIMINAL APPEAL

60499/01 STUDDERT J SMART AJ Tuesday, 26 March 2002 REGINA v JOSEPH MICHAEL SANKEY

JUDGMENT

1 SMART AJ: Mr Sankey seeks leave to appeal against the alleged severity of sentences aggregating 8 years with a non-parole period of four and a half years. The applicant was sentenced on each of counts 1 (supply methylamphetamine) and 4 (sexual intercourse without consent) to imprisonment for a fixed term of 4 years starting on 30 May 2000 and expiring on 29 May 2004. On count 2 (supplying methylamphetamine) and taking into account 8 offences on Form 1(hindering police, self administer prohibited drug (2 charges) administer prohibited drug to another, supply prohibited drug (3 charges) and commit an act of indecency), the applicant was sentenced to imprisonment for 5 years starting on 30 May 2003 and expiring on 29 May 2008 with a non-parole period of 18 months expiring on 29 November 2004. On each of counts 3 (supply methylamphetamine) and 5 (homosexual intercourse) the applicant was sentenced to imprisonment for a fixed term of 3 years starting on 30 May 2000.