R v Kamminga [2003] NSWCCA 337

New South Wales Court of Criminal Appeal

CITATION : R v Kamminga [2003] NSWCCA 337 HEARING DATE(S) : 11 November 2003 JUDGMENT DATE : 20 November 2003

JUDGMENT OF : Barr J at 1; Miles AJ at 23 DECISION : Grant leave to appeal. Allow the appeal and quash the sentence. Impose in lieu a sentence of imprisonment for three years with a non-parole period of two years.

CATCHWORDS : Criminal law - sentencing - ongoing supply of prohibited drugs LEGISLATION CITED : Drug Misuse and Trafficking Act 1985 s25A(1) R v CBK [2002] NSWCCA 457 R v Connell [2003] NSWCCA 90 CASES CITED : R v Fogg [2002] NSWCCA 395 R v Hofer [2001] NSWCCA 544 R v Meres [2003] NSWCCA 193 PARTIES : Regina Robert Kamminga FILE NUMBER(S) : CCA 60306/03 COUNSEL : Applicant: R A Hulme SC Crown: P G Ingram SOLICITORS : Applicant: D J Humphreys Crown: S E O'Connor

LOWER COURT District Court JURISDICTION : LOWER COURT 02/11/0218 FILE NUMBER(S) : LOWER COURT Stewart ADCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 060306/03

BARR J MILES AJ

Thursday, 20 November 2003 R v Robert KAMMINGA

Judgment 1 BARR J: The applicant, Robert Kamminga, seeks leave to appeal against a sentence imposed in the District Court. He pleaded guilty in the Local Court to the offence of ongoing supply of prohibited drugs, namely amphetamine and methylamphetamine, between 28 August and 19 September 2002. He was sentenced to imprisonment for six years with a non-parole period of three years. The offence, which is created by s25A(1) Drug Misuse and Trafficking Act 1985, consists in the supply for financial or material reward of a prohibited drug on three or more separate occasions within a period of thirty consecutive days. The maximum penalty is imprisonment for twenty years and a fine of $385,000. 2 The facts are simple and fairly typical of this offence. On 28 August 2002 the applicant met an undercover police operative, who was pretending to be a drug buyer, in a café. He sold him amphetamine and methylamphetamine the gross weight of which was 8.1 grams. The methylamphetamine was forty-eight percent pure. On 4 September 2002 the applicant sold the same man 7.4 grams of methylamphetamine, which was fifteen percent pure. On 10 September 2002 he sold him 6.6 grams of amphetamine which was 46.5 percent pure. The total sale price was $2,800.