Regina v Benjamin Phillips [2003] NSWCCA 373

New South Wales Court of Criminal Appeal

CITATION : Regina v Benjamin Phillips [2003] NSWCCA 373 HEARING DATE(S) : 8/12/03 JUDGMENT DATE : 8 December 2003

JUDGMENT OF : Sully J at 1; Hulme J; Miles AJ DECISION : Leave to appeal against sentence granted; Appeal against sentence allowed; Sentence quashed and in lieu sentenced to imprisonment for 3 years to commence on 30 May 2003 and to expire on 29 May 2006, with a non-parole period of 1 year and 3 months

CASES CITED : Regina v Thomson and Houlten (2000) 49 NSWLR 383 Regina v Ellis (1986) 6 NSWLR 603 PARTIES : Regina Benjamin Phillips FILE NUMBER(S) : CCA 60313/03 COUNSEL : G. I. Rowling - Crown H. K. Dhanji - Appellant SOLICITORS : S. Cavanagh - Crown O'Brien Solicitors - Appellant

LOWER COURT District Court JURISDICTION : LOWER COURT 03/11/0276 FILE NUMBER(S) : LOWER COURT Shillington DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60313/03

SULLY J HULME J MILES AJ

Monday 8 December 2003 REGINA v BENJAMIN PHILLIPS JUDGMENT

1 SULLY J: The applicant, Mr Phillips, pleaded guilty before a Local Court Magistrate to a single charge of having supplied a prohibited drug. He was remanded accordingly to the District Court for sentence and appeared eventually before Judge Shillington QC. 2 His Honour dealt with the matter finally on 30 May 2003. His Honour sentenced the applicant to imprisonment for three years to date from 30 May 2003 and to expire on 29 May 2006; with a non-parole period of two years and three months to date from 30 May 2003 and to expire on 29 August 2005. 3 It is not disputed that his Honour's canvass of the relevant general background and objective facts is correct, and it can be reproduced accordingly as part of this judgment.