Jesse Daniel Heilpern v R [2006] NSWCCA 311

New South Wales Court of Criminal Appeal

CITATION: Jesse Daniel Heilpern v R [2006] NSWCCA 311

HEARING DATE(S): 22 September 2006

JUDGMENT DATE: 22 September 2006

JUDGMENT OF: McClellan CJ at CL at 39; Buddin J at 1; Rothman J at 40

DECISION: Leave to appeal is granted. The appeals against sentence are allowed. The sentences imposed in the District Court are quashed and in lieu thereof the following sentences are imposed. In respect of count 1 (and taking into account the matters on a Form 1) the applicant is sentenced to a non-parole period to commence on 9 June 2005 and to expire on 22 September 2006 with a total sentence of 2 years which will expire on 8 June 2007. In respect of count 2 the applicant is sentenced to a non-parole period to commence on 9 June 2006 and to expire on 22 September 2006 with a total sentence of two years which will expire on 8 June 2008. The effect of these orders is that the applicant is to be released on parole today.

CATCHWORDS: Supply of prohibited drugs (x2) - offender drug dependent - significance of time spent in Odyssey House - significance of Form 1 matters - whether pleas of guilty taken into account - whether necessary to have regard to finding of "special circumstances" in respect of both sentences - whether offender in fact on a bond

LEGISLATION CITED: Crimes (Local Courts Appeal and Review) Act, 2001 Crimes (Sentencing Procedure) Act 1999

Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 De Simoni v The Queen (1981) 147 CLR 383 Pearce v The Queen (1998) 194 CLR 598 R v Clark (NSWCCA (unreported) 15 March 1990) CASES CITED: R v Delaney (2003) 59 NSWLR 1 R v Grbin [2004] NSWCCA 220 R v Lao [2003] NSWCCA 315 R v Sparos [2002] NSWCCA 52 R v Thomson & Houlton (2000) 49 NSWLR 383