Hudson v Regina [2009] NSWCCA 59

New South Wales Court of Criminal Appeal

CITATION: Hudson v Regina [2009] NSWCCA 59

HEARING DATE(S): 5 March, 2009

JUDGMENT DATE: 11 March 2009

JUDGMENT OF: Beazley JA at 1; Blanch J at 2; Howie J at 31

DECISION: Leave to appeal granted. Appeal dismissed.

CATCHWORDS: Criminal law - manufacture of prohibited drugs - parity of sentence

LEGISLATION CITED: Drug Misuse and Trafficking Act 1985, s24(1)

CATEGORY: Principal judgment

CASES CITED : Postiglione v The Queen (1996-1997) 189 CLR 295

PARTIES: Thomas William Hudson (Applicant) Regina (Respondent)

FILE NUMBER(S): CCA 2006/14728

COUNSEL: M Ramage QC (Applicant) J Dwyer (Respondent)

SOLICITORS: Jeffreys and Associates (Applicant) S Kavanagh, Solicitor for Public Prosecutions (Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 06/11/0371

LOWER COURT JUDICIAL OFFICER: Finnane QC DCJ

LOWER COURT DATE OF DECISION: 9 February, 2007

LOWER COURT MEDIUM NEUTRAL CITATION: Regina v Thomas William Hudson

IN THE COURT OF CRIMINAL APPEAL

CCA 2006/14728

BEAZLEY JA BLANCH J HOWIE J

11 March, 2009

Thomas William HUDSON v Regina

JUDGMENT

1 BEAZLEY JA: I agree with Blanch J.

2 BLANCH J: This is an application for leave to appeal against the severity of sentences imposed on the applicant in the District Court on 9 February, 2007. After a trial which commenced on 11 September and concluded on 26 October, 2006 the applicant was convicted as follows: 1. of an offence contrary to s24(1) of the Drug Misuse and Trafficking Act, 1985 that on or about 7 September, 2004 at Coopernook in the State of New South Wales did attempt to manufacture a prohibited drug, namely ephedrine;