R v Tirtabudi [2004] NSWCCA 328

New South Wales Court of Criminal Appeal

CITATION : R v Tirtabudi [2004] NSWCCA 328 HEARING DATE(S) : 21/09/04 JUDGMENT DATE : 21 September 2004

JUDGMENT OF : Wood CJ at CL at 18, 19, 21; Buddin J at 20; Shaw J at 1 DECISION : 1. Leave to appeal be granted. 2. The appeal be dismissed.

CATCHWORDS : Application for leave to appeal against severity of sentence - whether sentences on both counts were "manifestly excessive" - addiction - supply offences arose out of applicant's need to finance own drug use - sale of drugs to friends for relatively modest profit - not entrepreneurial or cynical drug supplier - applicant on bail at time - significant aggravating feature - whether "special circumstances" - head sentence. - non parole period. LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 (NSW) s44 Drug Misuse and Trafficking Act 1985 ss 25, 29 PARTIES : Regina Alvin Tirtabudi FILE NUMBER(S) : CCA 2004/1834 CCAP (603174/04) COUNSEL : P Boulton SC (Applicant) D M L Woodburne (Crown - Respondent) SOLICITORS : Ford Criminal Lawyers (Applicant) S Kavanagh (Crown - Respondent)

LOWER COURT District Court JURISDICTION : LOWER COURT 03/11/0329 FILE NUMBER(S) : LOWER COURT Latham DCJ JUDICIAL OFFICER :

- 3 - IN THE COURT OF CRIMINAL APPEAL 2004/1834 CCAP (603174/04)

WOOD CJ at CL BUDDIN J SHAW J

21 SEPTEMBER 2004 REGINA v ALVIN TIRTABUDI Judgment 1 SHAW J: This is an application for leave to appeal against the sentences imposed by Latham DCJ upon the applicant, following pleas of guilty. 2 There were two substantive charges, both relating to the supply of a prohibited drug. The precise charges were as follows. Count 1 Supply a prohibited drug (4.56 grams of 3, 4 - methylenedioxymethylamphetamine). (d.o.o. 18.12. 01) s 25 & s 29 Drug Misuse and Trafficking Act 1985 Maximum Penalty: Imprisonment 15 years