R v Knapp [2004] NSWCCA 419

New South Wales Court of Criminal Appeal

CITATION : R v Knapp [2004] NSWCCA 419 HEARING DATE(S) : 4 November 2004 JUDGMENT DATE : 25 November 2004

JUDGMENT OF : Simpson J at 1; Adams J at 2; Davidson AJ at 7 DECISION : 1. That leave to appeal be granted; 2. That the appeal be allowed; 3. That the sentence imposed in the District Court be set aside and in lieu the applicant be sentenced to twenty one months imprisonment to commence from 4 February 2004 with a non parole period of nine months to end on 3 November 2004, on and from which date he is to be released to parole for the balance of the sentence. On parole he is to be subject to an additional condition namely that he be subject to the supervision of an officer of the Probation and Parole Service until it is determined by a responsible officer of that Service that he is no longer required to be subject to supervision. The whole of the sentence is to end on 3 November 2005.

CATCHWORDS : appeal against severity of sentence - s25(1) Drug Misuse and Trafficking Act 1985 - methylamphetamine - plea of not guilty - youth and rehabilitation prospects - statistical evidence LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999, s21A, s44 Drug Misuse and Trafficking Act 1985 s25(1) Regina v Juliano Romy Bardo, unreported, NSWCCA 14 July 1992 R v Bishop, unreported, NSWCCA 23 September 1996 R v Bloomfield (1998) NSWCCA 15 July 1998; 44 NSWLR 734 CASES CITED : R v Clark, unreported, NSWCCA 15 March 1990 R v Garvie, unreported, NSWCCA 24 March 1997 R v Goldsworthy, unreported, NSWCCA 22 May 1996 R v Ozer, unreported, NSWCCA 9 November 1993 PARTIES : Crown - Respondent Ryan Knapp - Appellant FILE NUMBER(S) : CCA 2004/2049 COUNSEL : P Power - Crown B Glennon - Applicant SOLICITORS : S Kavanagh (Solicitor for Public Prosecutions) - Crown J Weller - Applicant