Locke v R [2010] NSWCCA 296

Reported Decision: 207 A Crim R 34

New South Wales Court of Criminal Appeal

CITATION: Locke v R [2010] NSWCCA 296

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. Leave to appeal granted. 2. Appeal allowed. 3. The sentence for the offence of ongoing supply (from 3 to 25 April 2008) of imprisonment for 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 (indictable quantity – 22 April to 29 June 2008): Sentenced to a fixed term of imprisonment for 4 years to date from 1 April 2009 and expire on 31 March 2013. Supply commercial quantity (14 August 2008): Sentenced to imprisonment comprising a non-parole period of 4 years and a balance of the term of 2 years. The sentence is to date from 1 October 2009. The non-parole period is to expire on 30 September 2013. The total term is to expire on 30 September 2015. Supply commercial quantity (21 May to 24 July 2008): Sentenced to imprisonment comprising a non-parole period of 4 years and a balance of the term of 3 years 6 months. The sentence is to date from 1 April 2010. The applicant will be eligible for release on parole upon the expiration of the non-parole period on 31 March 2014. The total term is to expire on 30 September 2017.

CATCHWORDS: CRIMINAL LAW - appeal against severity of sentence - commercial supply of ecstasy - whether error in treatment of previous convictions - whether error in assessment of rehabilitation prospects - youth - whether a mitigating factor that drugs supplied to undercover police officer - error in assessment of role of offender - error in assessment of objective seriousness of offence - adequacy of reasons relating to aggravating and mitigating factors taken into account - totality principle - less severe sentence warranted