R v PRESTON [2005] NSWCCA 177

New South Wales Court of Criminal Appeal

CITATION: R v PRESTON [2005] NSWCCA 177

HEARING DATE(S): 29 April 2005

JUDGMENT DATE: 29 April 2005

JUDGMENT OF: Hunt AJA at 1; Hulme J at 2; Johnson J at 32

DECISION: See paragraph 31

Regina PARTIES: Dennis Charles Preston

FILE NUMBER(S): CCA 2004/2906

Crown: W Dawe QC COUNSEL: Respondent: S Conomos

Crown: S Kavanagh SOLICITORS: Respondent: SE O'Connor

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 04/11/1093

LOWER COURT JUDICIAL OFFICER: Dodd DCJ

- 10 - IN THE COURT OF CRIMINAL APPEAL 2004/2906

HUNT AJA HULME J JOHNSON J Friday 29 April 2005 REGINA v DENNIS CHARLES PRESTON Judgment 1 HUNT AJA: I agree with Hulme J. 2 HULME J: The Crown has appealed against sentences imposed on the above named Respondent by Judge Dodd on 3 December 2004 in respect of 5 charges. The first charge was that on 16 May 2003 the Respondent sold a firearm, viz. a 9 mm Beretta pistol. The second was that:- "Between 1 June and 30 June 2003 …(the Respondent) did on three separate occasions supply a prohibited drug namely heroin for financial or material reward." 3 The third to fifth charges were in terms similar to the second but relating to different periods which, with some sacrifice of accuracy for brevity, may conveniently be said to have been July, August and September 2003. 4 The first charge was for an offence created by Section 51(1) of the Firearms Act 1996 and rendered the Respondent liable to imprisonment for 5 years. The remaining four charges arose pursuant to s25A of the Drug (Misuse and Trafficking) Act and each rendered the Respondent liable to imprisonment for 20 years. 5 The sentences imposed by Judge Dodd were:-