R v. COX, Ian Ormond [2004] NSWCCA 204

New South Wales Court of Criminal Appeal

CITATION : R v. COX, Ian Ormond [2004] NSWCCA 204 revised - 09/07/2004 HEARING DATE(S) : 13 November 2003 JUDGMENT DATE : 29 June 2004

JUDGMENT OF : Hodgson JA at 1; Grove J at 73; Howie J at 74 DECISION : 1. Appeal against conviction dismissed. 2. Leave to appeal against sentences granted. 3. Appeal against sentence for the cocaine offence dismissed. 4. Appeal against sentence for the cannabis offence allowed, sentence set aside, and in lieu thereof there be a sentence of imprisonment for 12 years commencing 21 November 2012, and that there be a total non-parole period of 18 years commencing 21 November 1997.

CATCHWORDS : CRIMINAL LAW - Appeal against conviction - Unreasonable verdict and other grounds - Appeal against sentence - Whether error concerning parity, discount and/or personal deterrence. CASES CITED : Ridgeway v. The Queen (1995) 184 CLR 19 Yip Chiu-Cheun v. The Queen [1995] 1 AC 111 PARTIES : Regina - respondent Ian Ormond Cox - appellant FILE NUMBER(S) : CCA 60556/00; 60169/00 The appellant appeared in person in the conviction appeal. COUNSEL : Ms. Mundey for appellant in sentence appeal Mr. G. Farmer for respondent/Crown SOLICITORS : Chegwidden Solicitors, Helensburgh for appellant (sentence appeal) Ms. G. Drennan, CDPP, Sydney for respondent/Crown

LOWER COURT District Court JURISDICTION : LOWER COURT 98/11/0872 (conviction); 99/11/0104 (plea) FILE NUMBER(S) : LOWER COURT Gibson DCJ (conviction); Mahoney DCJ (plea) JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL CCA60556/00 CCA60169/00