O'Brien v R [2010] NSWCCA 297

New South Wales Court of Criminal Appeal

CITATION: O'Brien v R [2010] NSWCCA 297

HEARING DATE(S): 20 October 2010

JUDGMENT DATE: 17 December 2010

JUDGMENT OF: Simpson J at 1; Hoeben J at 2; RA Hulme J at 3

1. Application for leave to appeal granted. 2. Appeal allowed. 3. The sentence for the offence of supply prohibited drug (1 October 2008) of imprisonment for a fixed term of 3 years to date from 1 October 2008 and expire on 30 September 2011 is confirmed. DECISION: 4. The remaining sentences imposed in the District Court are quashed and in lieu, the following sentences are imposed: Supply commercial quantity of prohibited drug (23 May – 27 September 2008): Sentenced to imprisonment comprising a non-parole period of 3 years 6 months with a balance of term of 2 years 6 months. The sentence is to commence 1 April 2009. The non-parole period will expire 30 September 2012. The total term will expire 31 March 2015. Supply commercial quantity of prohibited drug (21 May – 24 July 2008): Sentenced to imprisonment comprising a non-parole period of 4 years 6 months with a balance of term of 3 years 6 months. The sentence is to commence 1 October 2009. The non-parole period will expire on 31 March 2014. The total term will expire 30 September 2017. Supply commercial quantity of prohibited drug (14 August 2008): Sentenced to imprisonment comprising a non-parole period of 4 years 6 months with a balance of term of 3 years 6 months. The sentence is to commence 1 April 2010. The applicant will be eligible for release on parole upon the expiration of the non-parole period on 30 September 2014. The total term will expire on 31 March 2018.