Radisich v Regina [2006] NSWCCA 52

New South Wales Court of Criminal Appeal

CITATION: Radisich v Regina [2006] NSWCCA 52 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 3 March 2006

JUDGMENT DATE: 3 March 2006

JUDGMENT OF: McClellan CJ at CL at 53, 55; Rothman J at 54; Smart AJ at 1

EX TEMPORE JUDGMENT DATE: 03/03/2006

DECISION: See paragraph 52

CATCHWORDS: Supply of small quantity of methylamphetamine - sentence manifestly excessive - no questions of principle,

LEGISLATION CITED: Drug Misuse and Trafficking Act Crimes (Sentencing Procedure) Act 1999

CASES CITED: Nil

PARTIES: Shane Peter Radisich v Regina

FILE NUMBER(S): CCA 2006/397

COUNSEL: (A) Mr M Johnson (C) Ms D Woodburne

SOLICITORS: (A) S O'Connor (C) S Kavanagh

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 05/11/0644

LOWER COURT JUDICIAL OFFICER: Morgan DCJ

IN THE COURT OF CRIMINAL APPEAL 2006/397 McCLELLAN CJ at CL ROTHMAN J SMART AJ Friday, 3 March 2006 Shane Peter RADISICH v Regina

JUDGMENT

1. SMART AJ: Shane Peter Radisich seeks leave to appeal against a sentence comprising a non-parole period of 12 months commencing on 24 March 2005 with a balance of term of 18 months to expire on 23 September 2007 for the offence of knowingly take part in the supply of a prohibited drug, methylamphetamine on 24 March 2005.. The quantity involved was 1.3 grams. Four matters were taken into account, namely, two counts of possess prohibited drug (20 November 2004 and 24 December 2004), one count of dispose of stolen property (Nokia mobile phone – 24 November 2004) and one count of furnish false information to a pawnbroker – 24 November 2004). The maximum penalty was 15 years imprisonment or a fine of 2000 penalty units, or both.