R v Nimmo [2005] NSWCCA 295

New South Wales Court of Criminal Appeal

CITATION: R v Nimmo [2005] NSWCCA 295

HEARING DATE(S): 29/08/05

JUDGMENT DATE: 29 August 2005

JUDGMENT OF: Spigelman CJ at 28; Ipp JA at 1; Adams J at 29

DECISION: (1) Application for leave to appeal granted (2) Appeal dismissed.

Crimes (Sentencing Procedure) Act 1999 (NSW), ss 9, 21A(3) , 44(2) LEGISLATION CITED: Criminal Appeal Act 1912 (NSW), s 6(3) Drug Misuse and Trafficking Act 1985 (NSW), s 25(1)

R v Simpson [2001] 53 NSWLR 704 CASES CITED: R v Fidow [2004] NSWCA 172

PARTIES: Regina v Richard Burton NIMMO

FILE NUMBER(S): CCA 2004/2870

W Dawe QC - (Crown) COUNSEL: P A Rowe - (Appellant)

S Kavanagh - Solicitor for Public Prosecutions (Crown) SOLICITORS: Glen Walters & Co - (Appellant)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 04/21/1035

LOWER COURT JUDICIAL OFFICER: Knight DCJ

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL 2004/2870

SPIGELMAN CJ IPP JA ADAMS J

Monday, 29 August 2005 REGINA v Richard Burton NIMMO

Judgment 1 IPP JA: This is an application for leave to appeal and, if granted, an appeal against the sentence imposed by Knight DCJ for the offence of supply prohibited drug on an ongoing basis in breach of s 25A(1) of the Drug Misuse and Trafficking Act 1985 (NSW). 2 The offence charged was that between 1 April and 29 April 2003 the applicant, on three or more separate occasions during a period of thirty consecutive days, supplied a prohibited drug other than cannabis, namely crystalline methylamphetamine, for financial or material reward. 3 Knight DCJ, in respect of this offence, sentenced the applicant to a term of imprisonment of three years and four months commencing on 3 August 2003 and expiring on 2 December 2006 with a non-parole period of two and a half years commencing on 3 August 2003 and expiring on 2 February 2006. 4 At the same time that his Honour imposed this sentence he revoked a community service order imposed upon the applicant for the offence of demand money with menaces that he had committed on 5 December 1998. His Honour sentenced the applicant on the demand money with menaces charge to imprisonment for a fixed term of three months commencing from 4 March 2003 (the date upon which he entered into custody) and expiring on 3 August 2003. There is no appeal from that sentence. 5 The grounds of appeal are as follows: