R v Stephen Barry Williams [2005] NSWCCA 355

Reported Decision : 156 A Crim R 225

New South Wales Court of Criminal Appeal

CITATION: R v Stephen Barry Williams [2005] NSWCCA 355

HEARING DATE(S): 16 September 2005

JUDGMENT DATE: 16 September 2005

JUDGMENT OF: Basten JA at 1, 50, 52; Simpson J at 2; Buddin J at 51

DECISION: (1) grant leave to the applicant to appeal against the severity of the sentence imposed on the applicant by the District Court on 16 September 2004, and; (2) re-sentence the applicant: (i) on each of the manufacture and supply prohibited drug charges, a non-parole period of three years and three months commencing 23 July 2003 and expiring 22 October 2006 with a balance of term of two years and nine months, the balance of term to expire on 22 July 2009; (ii) on the possess precursor charge, a fixed term of imprisonment for two years also to commence on 23 July 2003 and expire on 22 July 2005; (iii) on the possess prohibited weapon charge, a fixed term of imprisonment for eighteen months commencing 23 July 2003 and expiring on 22 January 2005; (iv) the earliest date eligible for release on parole is 22 October 2006.

CATCHWORDS: appeal against sentence - manufacture prohibited drug - possession of precursor intended for the manufacture of a prohibited drug - supply prohibited drug - possess prohibited weapon - psychiatric disability - global sentence imposed for all offences - no attempt to identify appropriate sentence for each offence - breach of Pearce doctrine - additional offences taken into account - discount for plea of guilty - sentence manifestly excessive - applicant resentenced

Crimes (Sentencing Procedure) Act 1999, Part 3 Division 3, s44 LEGISLATION CITED: Criminal Appeal Act 1912, s6(3) Weapons Prohibition Act 1998, Schedule 1, s7(1)