R v REICHER [2003] NSWCCA 300

New South Wales Court of Criminal Appeal

CITATION : R v REICHER [2003] NSWCCA 300 HEARING DATE(S) : 1 October 2003 JUDGMENT DATE : 1 October 2003

JUDGMENT OF : Hulme J at 1; Greg James J at 31 DECISION : See paragraph 40

PARTIES : Regina Manfred REICHER FILE NUMBER(S) : CCA 60196/03 COUNSEL : Crown: P Ingram Appellant: H Dhanji SOLICITORS : Crown: CK Smith Appellant: B Sandland

LOWER COURT District Court JURISDICTION : LOWER COURT 02/31/0173 FILE NUMBER(S) : LOWER COURT NAUGHTON DCJ JUDICIAL OFFICER :

- 13 - IN THE COURT OF CRIMINAL APPEAL 60196/03

HULME J GREG JAMES J

Wednesday, 1 October 2003 R v Manfred REICHER Judgment 1 HULME J: On 5 December 2002 this applicant for leave to appeal was sentenced by Naughton DCJ in respect of four offences to which he had previously pleaded guilty at the Newcastle Local Court. The offences, and some factors relevant thereto, were:

(i) On 14 September 2001 supplying 0.5 grams of methylamphetamine. This was a breach of Section 25(1) of the Drug (Misuse and Trafficking) Act 1985 . The quantity represented half of a "small" quantity within Schedule 1 to the Act and the maximum period of imprisonment prescribed was fifteen years.

(ii) On 21 September 2001 selling a firearm namely a "Walther" semi automatic pistol to someone who is not a licensed firearms dealer without the sale having been arranged through a licensed firearms dealer or witnessed by an authorised police officer or the offender not himself being a licensed firearms dealer. This offence was a breach of Section 51(2) of the Firearms Act, 1966 , the maximum period of imprisonment prescribed being twenty years.