Regina v Ha [2004] NSWCCA 386

New South Wales Court of Criminal Appeal

CITATION : Regina v Ha [2004] NSWCCA 386 HEARING DATE(S) : 1 November 2004 JUDGMENT DATE : 11 November 2004

JUDGMENT OF : Giles JA at 1; Buddin J at 2; Smart AJ at 3 DECISION : See para 25

CATCHWORDS : Deemed supply of a prohibited drug (305 grams) - full time custodial sentence required absent exceptional circumstances - in circumstances, including those arising after sentence, extended period of periodic detention imposed on re-sentencing LEGISLATION CITED : Criminal Appeal Act 1912 s 12(2) R v Clark unrep NSWCCA 15/3/90 CASES CITED : R v Leslie (1991) 55 A Crim R 68 at 70 R v Pilley (1991) 56 A Crim R 202 at 208 R v Way [2002] NSWCCA 42 at [70] PARTIES : Regina v Hong Thai Ha FILE NUMBER(S) : CCA 2004/1843 COUNSEL : (C) E Wilkins (R) C B Craigie SC SOLICITORS : (C) S Kavanagh (R) S O'Connor

LOWER COURT District Court JURISDICTION : LOWER COURT 03/21/0371 FILE NUMBER(S) : LOWER COURT Shillington ADCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL

2004/1843 GILES JA BUDDIN J SMART AJ Thursday, 11 November 2004 Regina v Hong Thai HA

Judgment

1. GILES JA: I agree with Smart AJ

2. BUDDIN J: I agree with Smart AJ.

3. SMART AJ: The Director of Public Prosecutions appeals against the sentence of 15 months imprisonment to be served by way of periodic detention imposed upon the offender. The non-parole period was 9 months and the sentence commenced on 5 June 2004. The offender was found guilty by a jury of supplying a prohibited drug, namely pseudoephedrine in that he had in his possession more than the prescribed quantity (15 grams, the trafficable quantity). The maximum penalty for the offence is 15 years imprisonment.