Stanton v Regina [2008] NSWCCA 326

New South Wales Court of Criminal Appeal

CITATION: Stanton v Regina [2008] NSWCCA 326

HEARING DATE(S): 19 November 2008

JUDGMENT DATE: 17 December 2008

JUDGMENT OF: Beazley JA at 1; Kirby J at 41; Hall J at 42

1. Leave to appeal be granted; 2. Appeal allowed; 3. The sentences imposed by Payne DCJ be quashed and new sentences imposed as follows: DECISION: 4. On Count 2 (knowingly take part in the supply of a prohibited drug on 3 April 2007 contrary to s 25(1) of the Drug Misuse and Trafficking Act): the appellant is sentenced to a fixed term of imprisonment of 12 months to commence on 14 June 2007 and to expire on 13 June 2008; 5. On Count 3 (knowingly take part in the supply of a prohibited drug on 4 April 2007 contrary to s 25(1) of the Drug Misuse and Trafficking Act): the appellant is sentenced to a fixed term of imprisonment of 9 months to commence on 14 June 2007 and to expire on 13 March 2008; 6. On Count 4 (knowingly take part in the supply of a prohibited drug on 24 April 2007 contrary to s 25(1) of the Drug Misuse and Trafficking Act): the appellant is sentenced to a fixed term of 13 months commencing on 14 September 2007 and expiring on 13 October 2008; 7. On Count 1 (supply prohibited drug contrary to s 25(1) of the Drug Misuse and Trafficking Act (and taking into account the 3 offences on the Form 1 of knowingly take part in the supply of a prohibited drug contrary to s 25(1) of the Drug Misuse and Trafficking Act)): the appellant is sentenced to a non-parole period of 16 months commencing on 14 December 2007 and expiring on 13 April 2009 with a balance of term of 11 months commencing on 14 April 2009 and expiring on 13 March 2010. Accordingly, the applicant is sentenced to a total effective sentence of imprisonment for all offences of 2 years 9 months with an effective period in custody of not less than 1 years 10 months. The earliest date that the applicant is eligible for release on parol is 13 April 2009.