CANTARAKIS v. REGINA [2006] NSWCCA 184

New South Wales Court of Criminal Appeal

CITATION: CANTARAKIS v. REGINA [2006] NSWCCA 184 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): Monday 1 May 2006

JUDGMENT DATE: 19 June 2006

JUDGMENT OF: McClellan CJ at CL at 1; Hall J at 2; Latham J at 63

DECISION: Leave to appeal granted; appeal dismissed.

CATCHWORDS: Two charges of supply prohibited drug (cannabis) contrary to s.25(1) Drug Misuse and Trafficking Act 1985 (Cth) – possession of prohibited drug (pseudoephedrine) contrary to s.10(1) Drug Misuse and Trafficking Act 1985 (Cth) – directed verdict of not guilty in relation to the possession charge – a plea of guilty entered to both supply charges – appeal against severity of sentence – no error in trial judge characterising the applicant as 'the principal organiser' – agreed facts provided the factual basis of the applicant's guilty plea and cannot now be departed from – no error in determining the role of the applicant when compared with another co-accused – no error in partial accumulation of sentences as the evidence does not support the view that the applicant was engaged in the same conduct at the same time in relation to both counts of supply – no basis for the Court of Criminal Appeal to interfere with the ratio between parole and non-parole periods – no error demonstrated on the part of the trial judge in the exercise of the discretion to apply a discount for an early plea of guilty – a discount for a guilty plea is a discretionary matter and a particular offender has no entitlement to a particular discount

Drug Misuse & Trafficking Act 1985 (Cth) LEGISLATION CITED: Evidence Act 1995 Criminal Procedure Act 1986 Crimes (Sentencing Procedure) Act 1999