R v Frazer [2004] NSWCCA 111

New South Wales Court of Criminal Appeal

CITATION : R v Frazer [2004] NSWCCA 111 HEARING DATE(S) : Thursday, 15 April 2004 JUDGMENT DATE : 15 April 2004

JUDGMENT OF : Sully J at 1; Dowd J at 2; Smart AJ at 29 DECISION : Leave to appeal granted; Appeal dismissed

CATCHWORDS : Appeal against sentence - supply prohibited drug - co-offender - parity principle LEGISLATION CITED : Drug Misuse and Trafficking Act 1985 Lowe v R (1984) 154 CLR 606 CASES CITED : Postiglione v R (1997) 189 CLR 295 R v Tiddy (1969) SASR 575 PARTIES : Crown Scott James Frazer FILE NUMBER(S) : CCA 60007/04 COUNSEL : Mr T Healey (Applicant) Mr B Knox SC (Respondent) SOLICITORS : Mr E Fritchley (Applicant) Mr S Kavanagh (Respondent)

LOWER COURT District Court JURISDICTION : LOWER COURT 00/31/0422 FILE NUMBER(S) : LOWER COURT Nicholson DCJ JUDICIAL OFFICER :

- 6 - IN THE COURT OF CRIMINAL APPEAL 60007/04

SULLY J DOWD J SMART AJ

Thursday, 15 April 2004 REGINA v SCOTT JAMES FRAZER Judgment 1 SULLY J: I agree with Dowd J. 2 DOWD J: The applicant, Scott James Frazer, has sought leave to appeal against a sentence imposed by Nicholson DCJ consequent upon the applicant's conviction on a count of Supply A Prohibited Drug, namely, amphetamine, on an ongoing basis between 24 October 1999 and 23 November 1999, contrary to s25A of the Drug Misuse and Trafficking Act 1985, after a trial by jury. The offence carries a maximum penalty of 20 years imprisonment and/or 3,500 penalty units.