NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v M [2005] NSWCCA 224
HEARING DATE(S): 16/06/2005
JUDGMENT DATE: 16 June 2005
JUDGMENT OF: James J at 34; Buddin J at 1; Rothman J at 35
DECISION: Grant leave to appeal. Allow the appeals against the sentences imposed in the District Court. Quash the sentences imposed and in lieu thereof in respect of each offence sentence the applicant to a non-parole period of 2 years with a total term of 4 years. In respect of the offence of supply a commercial quantity of methylamphetamine order that the non-parole and the total sentence commence on 9 August 2004. In respect of the offence of supply a commercial quantity of ecstasy order that the non-parole period and total sentence commence on 9 August 2005. The overall non-parole period will thus expire on 8 August 2007 at which time the applicant will be eligible for release on parole. The total term will expire on 8 August 2009.
CATCHWORDS: Sentence - supply of commercial quantities of prohibited drugs - assistance to the authorities - partial accumulation of sentence
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999
Pearce v The Queen (1998) 194 CLR 610 R v AMT [2005] NSWCCA 151 R v Davies [2004] NSWCCA 39 R v Gallagher (1991) 23 NSWLR 220 R v NP [2003] NSWCCA 195 CASES CITED: R v OPA [2004] NSWCCA 464 R v Pang (1998) 105 A Crim R 474 R v Way [2004] 60 NSWLR 168 R v Thomson and Houlton (2000) 49 NSWLR 383 Weininger v The Queen (2003) 196 ALR 451
Regina PARTIES: M (Applicant)
FILE NUMBER(S): CCA 2005/607
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