R v COLLEDGE [2010] NSWCCA 302

New South Wales Court of Criminal Appeal

CITATION: R v COLLEDGE [2010] NSWCCA 302

HEARING DATE(S): 4 August 2010

JUDGMENT DATE: 10 December 2010

JUDGMENT OF: Macfarlan JA at 1; Hulme J at 2; McCallum J at 29

(i) Appeal allowed; DECISION: (ii) Quash the sentence imposed by Hosking DCJ on 20 April 2010; (iii) Order that the Respondent pay a fine of $3,000; and (iv) Allow the Respondent 3 months to pay.

PARTIES: Regina Paul COLLEDGE

FILE NUMBER(S): CCA 2009/278535

COUNSEL: Applicant: Mr W Roser QC Respondent: Ms S Walsh

SOLICITORS: Applicant: Commonwealth DPP Respondent: Viney Williams Lawyers

LOWER COURT JURISDICTION: District Court

LOWER COURT JUDICIAL OFFICER: Hosking DCJ

- 10 - IN THE COURT OF CRIMINAL APPEAL 2009/278535

MACFARLAN JA RS HULME J McCALLUM J

Friday, 10 December 2010 REGINA v PAUL COLLEDGE Judgment 1 MACFARLAN JA: I agree with RS Hulme J. 2 RS HULME J: This is a Crown appeal against a sentence imposed by Hosking DCJ on the Respondent in respect of a charge that the Respondent imported a commercial quantity of a border controlled drug, viz gamma-butyrolactone, commonly and hereafter referred to as "GBL". The quantity involved was 2060 grams, the minimum commercial quantity being 1 kilogram. The Respondent pleaded guilty to the offence at the first reasonable opportunity. The sentence imposed was a fine of $500.

3 The statutory provision against which the Respondent offended was s 307.1 of the Criminal Code Act 1995 (Cth). That provision and an ancillary one necessary to appreciate its operation are as follows:- 307.1 Importing and exporting commercial quantities of border controlled drugs or border controlled plants