Derley v Regina [2007] NSWCCA 361

New South Wales Court of Criminal Appeal

CITATION: Derley v Regina [2007] NSWCCA 361 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 01/11/07

JUDGMENT DATE: 21 December 2007

JUDGMENT OF: Handley AJA at 1; Hoeben J at 2; Smart AJ at 3

DECISION: See para 59

CATCHWORDS: Supply commercial quantity of MDMA. Evidence sufficient to establish appellant's knowledge. Sentence - regard not had to accumulation of cancelled bond and consequent sentence with sentences for supply of MDMA and three serious break enter and steal type offences. Sentences for latter three offences very light. Lesser non-parole periods and less severe sentences not warranted.

LEGISLATION CITED: Drug Misuse and Trafficking Act 1985

CASES CITED: Pereira v DPP 63 ALJR 1

PARTIES: Trevor Alfred Derley v Regina

FILE NUMBER(S): CCA 2007/1566

COUNSEL: (A) H Cox (C) G Rowling

SOLICITORS: (A) Michael Blair - The Law Practice Pty Limited (C) S Kavanagh - Solr for Public Prosecutions

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 04/11/0532 & 04/11/0655

LOWER COURT JUDICIAL OFFICER: Geraghty DCJ

LOWER COURT DATE OF DECISION: 19/01/07

IN THE COURT OF CRIMINAL APPEAL

2007/1566

HANDLEY AJA HOEBEN J SMART AJ

Friday, 21 December 2007 Trevor Alfred DERLEY v The Queen

JUDGMENT

1. HANDLEY AJA: I agree with Smart AJ.

2. HOEBEN J: I agree with Smart AJ and the orders he proposes.

3. SMART AJ: Trevor Alfred Derley appeals against his conviction, after trial by judge alone, on one count of supplying not less than a commercial quantity of a prohibited drug, namely. 3, 4 methylene dioxymethylamphetamine (MDMA) contrary to sections 25(2) and 29 of the Drug Misuse and Trafficking Act 1985. He also seeks leave to appeal against the asserted severity of the sentences imposed upon him. For the subject offence he was sentenced to an overall term of 4 years with a non-parole period of 3 years. He was also sentenced in respect of three offences of break and enter a warehouse and committing a serious indictable offence. In two instances the offence was stealing and in one instance larceny in circumstances of aggravation. On the trial matter and these three offences he received non-parole periods totalling 5 years and a balance of term of 8 months. The judge revoked a suspended sentence of 18 months imprisonment for the offence of manufacture prohibited drug. months imprisonment. Taking into account the revoked s 12 bond the appellant was sentenced to a total of 7 years 2 months imprisonment with a non-parole period of 6 years 6 months.