R v J.R.D. [2007] NSWCCA 55

New South Wales Court of Criminal Appeal

CITATION: R v J.R.D. [2007] NSWCCA 55

HEARING DATE(S): 14/02/2007

JUDGMENT DATE: 5 March 2007

JUDGMENT OF: McClellan CJ at CL at 1; Bell J at 2; Howie J at 3

DECISION: 1. The sentences imposed by Judge Donovan are quashed; 2. In respect of the offence under s 178C the respondent is sentenced to a fixed term of 2½ months to commence from 5 January 2007 and to expire on 19 March 2007; 3. In respect of the offence of receiving and taking into account the matters on the Form 1 the respondent is sentenced to imprisonment for a fixed term of 10 months to commence on 20 March 2007 and to expire on 19 January 2008; 4. In respect of the offence of supply the respondent is sentenced to a non-parole period of 16 months to date from 20 January 2008 and to expire on 19 May 2009 with a balance of term of 8 months to expire on 19 January 2010.

CATCHWORDS: Criminal Law - Sentencing - Crown Appeal - Respondent charged with three offences - judge sentences for each offences separately - imposes suspended sentence on each - whether manifestly inadequate - whether approach to sentencing erroneous - discount for assistance - whether excessive - respondent re-sentenced.

Criminal Appeal Act 1912 - s 5D LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 - s 25(2) Crimes (Sentencing Procedure) Act 1999 - ss 12, 21A(2)(d), 21A(3)(j), 23(3), 67, 99(c)(ii)

R v BCC [2006] NSWCCA 130 R v Wall [2002] NSWCCA 42 Dinsdale v The Queen (2000) 202 CLR 321 R v MAK and MSK [2006] NSWCCA 381 CASES CITED: McNaughton v R [2006] NSWCCA 242 R v Zamagias [2002] NSWCCA 17 R v Perez [2004] NSWCCA 218 SZ v R [2007] NSWCCA 19 York v The Queen (2005) 79 ALJR 1919 Johnson v The Queen (2004) 78 ALJR 616