Regina v Jasper [2004] NSWSC 155

New South Wales Supreme Court

CITATION : Regina v Jasper [2004] NSWSC 155 HEARING DATE(S) : 11 March 2004 JUDGMENT DATE : 11 March 2004

JUDGMENT OF : Dunford J DECISION : Prisoner sentenced.

CATCHWORDS : Criminal Law - Sentencing - supply heroin - prisoner previously sentenced for another offence in respect of the same criminal activity. Crimes Act 1900 s 249 LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 s 32 Drug Misuse and Trafficking Act 1985 s 32 R v Jasper [2003] NSWSC 285 R v Jasper [2003] NSWSC 287 CASES CITED : R v Jasper [2003] NSWCCA 186 R v Patison [2002] NSWSC 1248 R v Patison [2003] NSWCCA 171 PARTIES : Regina v Matthew John Jasper FILE NUMBER(S) : SC 70088/02 COUNSEL : J Gibson - Crown J Dailly SC - Accused SOLICITORS : S E O'Connor - Crown Walter Madden Jenkins - Accused

- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

DUNFORD J

THURSDAY 11 MARCH 2004

70088/02 REGINA v MATTHEW JOHN JASPER

SENTENCE 1 HIS HONOUR: On 27 February 2003, the prisoner was arraigned before me on an indictment dated 31 October 2002 containing six counts. By his counsel he sought a ruling that the evidence sought to be relied on by the Crown to support two of the counts was not sufficient to constitute the offences charged, namely, supply not less than a large commercial quantity of heroin and, in the alternative, supply heroin.

2 On that day, I ruled in favour of the prisoner and quashed those two counts, indicating that I would give my reasons at a later date, which I ultimately did on 11 April 2003: R v Jasper [2003] NSWSC 285.