R v Camplin [2004] NSWCCA 29

New South Wales Court of Criminal Appeal

CITATION : R v Camplin [2004] NSWCCA 29 HEARING DATE(S) : 24/02/04 JUDGMENT DATE : 24 February 2004

JUDGMENT OF : Levine J at 1; Simpson J at 2; Barr J at 3 DECISION : 1. Grant leave to appeal and allow the appeal; 2. Quash the non-parole period on the first count and substitute a non-parole period of one year nine and one half months expiring on 18 June 2005; 3. Declare that the applicant will be eligible for release on parole on 18 June 2005.

CATCHWORDS : criminal law - sentencing - ongoing supply of amphetamine CASES CITED : R v Smiroldo (2000) 112 A Crim R 47 PARTIES : REGINA Rhys Martin Price CAMPLIN FILE NUMBER(S) : CCA 60391/03 COUNSEL : Crown: D U Arnott Applicant: R J Button SOLICITORS : Crown: S E O'Connor Applicant: W Grant

LOWER COURT District Court JURISDICTION : LOWER COURT 03/11/0167 FILE NUMBER(S) : LOWER COURT McGuire DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60391/03

LEVINE J SIMPSON J BARR J

Tuesday, 24 February 2004 REGINA v Rhys Martin Price CAMPLIN Judgment 1 LEVINE J: I agree with the orders proposed and with the reasons given by Barr J therein.

2 SIMPSON J: I also agree. 3 BARR J: This is an application for leave to appeal against sentences imposed in the District Court. The applicant was charged with two offences. The first was that between 3 October and 3 November 2002 he engaged in the ongoing supply of the prohibited drug amphetamine. The second was that on 4 November 2003 he supplied methylamphetamine. On the second count, Judge McGuire sentenced him to a fixed term of ten months and on the first, and taking into account four matters on a schedule, to imprisonment for an accumulated term of two years and eight months. His Honour fixed a non-parole period of two years on the first count, which produced an effective sentence of three years and six months and an effective non-parole period of two years and ten months.