R v Vo [2003] NSWCCA 124

New South Wales Court of Criminal Appeal

CITATION : R v Vo [2003] NSWCCA 124 HEARING DATE(S) : 2 May 2003 JUDGMENT DATE : 2 May 2003

JUDGMENT OF : Levine J at 24; Simpson J at 1 DECISION : Leave to appeal granted. Appeal dismissed.

CATCHWORDS : appeal against severity of sentence - small quantity of heroin - jurisdiction of Local Court - discount for plea of guilty - objective seriousness of counts - manifestly excessive sentence - general and personal deterrence LEGISLATION CITED : Drug Misuse and Trafficking Act 1995, s25A(1) R v Crombie [1999] NSWCCA 297 R v Dalton-Morgan, unreported, NSWCCA, 14 December 1989 CASES CITED : R v Shepherd [1999] NSWCCA 162 R v Smith, unreported, NSWCCA, 11 September 1991 R v Thomson and Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383 PARTIES : Crown - Respondent An Binh Vo - Applicant FILE NUMBER(S) : CCA 60050/03 COUNSEL : DM Howard - Crown PM Winch - Applicant SOLICITORS : SE O'Connor - Crown DJ Humphreys - Applicant

LOWER COURT District Court JURISDICTION : LOWER COURT 02/21/3148 FILE NUMBER(S) : LOWER COURT Sorby DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60050/03

LEVINE J SIMPSON J

Friday 2 May 2003 REGINA v An Binh VO Judgment 1 SIMPSON J: The applicant seeks leave to appeal against the severity of sentences imposed upon him in the District Court on 29 August 2002 by Sorby DCJ following his pleas of guilty to three charges, the second and third of which are of supplying a prohibited drug (heroin) and the first of which was knowingly taking part in the supply of the same drug. Sorby DCJ sentenced the applicant, on the second and third counts, to a fixed term of imprisonment for eighteen months to commence 24 August 2001; on the first count he sentenced the applicant to imprisonment for three years with a non-parole period of twenty months, the sentence to commence on 24 February 2002, that is, six months after the commencement date of the sentences on the other counts. The total sentences imposed were therefore of three and a half years, with a non-parole period of twenty-six months.