Regina v Robert Brian Gordon [2002] NSWCCA 476

New South Wales Court of Criminal Appeal

CITATION : Regina v Robert Brian Gordon [2002] NSWCCA 476 FILE NUMBER(S) : CCA 60909/01 HEARING DATE(S) : 11/12/02 JUDGMENT DATE : 11 December 2002

PARTIES : Regina Robert Brian Gordon JUDGMENT OF : Howie J at 31; Buddin J at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/21/3136 LOWER COURT JUDICIAL Coleman DCJ OFFICER :

COUNSEL : L Lamprati (Crown) Applicant in person SOLICITORS : S E O'Connor (Crown)

CATCHWORDS : Application for leave to appeal against severity of sentences - plea of guilty to s 25A(1) of the Drug Misuse and Trafficking Act together with two other offences of deemed supply - other offences involving sale and possession of prohibited weapons - matters on Form 1 - appeal dismissed. Criminal Appeal Act 1912 LEGISLATION CITED : Drug Misuse and Trafficking Act 1985 Firearms Act 1996 CASES CITED: Pearce v The Queen (1998) 194 CLR 510 R v Thomson & Houlton (2000) 49 NSWLR 383 DECISION : Leave to appeal granted. Appeal dismissed.

IN THE COURT OF CRIMINAL APPEAL 60909//01

HOWIE J BUDDIN J

WEDNESDAY 11 DECEMBER 2002 REGINA v ROBERT BRIAN GORDON JUDGMENT 1 BUDDIN J: The applicant, who appears in person, seeks leave to appeal against the severity of sentences imposed upon him in the District Court consequent upon his pleas of guilty to seven counts in an indictment which originally contained nineteen counts. The applicant was arrested on 19 December 2000 and has been in continuous custody since that date. 2 The first charge (the first count in the indictment), was that between 5 December 2000 and 19 December 2000, on three or more separate occasions during a period of thirty consecutive days the applicant supplied heroin, contrary to s 25A(1) of the Drug Misuse and Trafficking Act 1985. The maximum penalty for that offence is a fine equivalent to 3500 penalty units or twenty years imprisonment or both. 3 The second and third charges (being the sixth and seventh counts in the indictment) alleged offences that on separate occasions in December 2000 (the latter being the date of his arrest) the applicant sold prohibited semi-automatic pistols which were not registered. Each attracted, pursuant to s 36 of the Firearms Act 1996, a maximum penalty of ten years' imprisonment. 4 The fourth charge (the ninth count in the indictment) alleged the possession by the applicant, on the day of his arrest, of a rifle without being authorised to do so. It attracted a maximum penalty, pursuant to s 7 of the Firearms Act, of five years' imprisonment. 5 The fifth charge (the fifteenth count in the indictment) alleged an offence, on the day of his arrest, of possession by the applicant of a prohibited firearm, namely a revolver, without the appropriate authorisation. It attracted a maximum penalty, pursuant to s 7 of the Firearms Act, of fourteen years' imprisonment. 6 The sixth charge (the eighteenth count in the indictment) was that on the day of his arrest he supplied a prohibited drug, namely cocaine. The traffickable quantity is three grams and the indictable quantity is five grams and the quantity involved was 8.8. grams. This was a deemed supply pursuant to s 25(1) of the Drug Misuse and Trafficking Act 1985 and the maximum penalty, pursuant to s32 of that Act, is a fine of 2000 penalty units or imprisonment for fifteen years or both. 7 The seventh charge (the nineteenth count in the indictment) was that on the day of his arrest the applicant supplied a prohibited drug, namely methylamphetamine. The traffickable quantity of methylamphetamine is three grams and the indictable quantity is five grams and the quantity involved was 14.45 grams. This was also a deemed supply which attracted the same maximum penalty as the previous charge. 8 The applicant asked that two further matters on a Form 1 be taken into account by the sentencing judge. The first related to the sale of another semi automatic pistol and the second was a deemed supply of 12.7 grams of heroin (it also having been found in his possession when he was arrested). 9 His Honour imposed the following sentences: