Brodie Jeet SINGH v R [2009] NSWCCA 129

New South Wales Court of Criminal Appeal

CITATION: Brodie Jeet SINGH v R [2009] NSWCCA 129

HEARING DATE(S): 23/04/2009

JUDGMENT DATE: 29 April 2009

JUDGMENT OF: Grove J at 1; Howie J at 2; RA Hulme J at 26

DECISION: Leave to appeal is granted. The sentence in respect of the supply of cannabis is quashed and in lieu the applicant is sentenced to a fixed term of 2 years from 16 November 2006 and expired on 15 November 2008. The sentence for the s 25A matter is confirmed.

CATCHWORDS: Criminal Law - sentence appeal - ongoing supply of MDMA - whether sentence excessive - supply cannabis - statement of wrong maximum penalty - Parity.

LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 - ss 25(1), 25A,

CATEGORY: Principal judgment

CASES CITED : Mirza v R [2007] NSWCCA 248

PARTIES: Brodie Jeet Singh v Regina

FILE NUMBER(S): CCA 2007/5920

COUNSEL: P A Leask - Crown E Ozen - Applicant

SOLICITORS: S Kavanagh - Crown Brett William Galloway - Applicant

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 07/51/0191

LOWER COURT JUDICIAL OFFICER: Black DCJ

LOWER COURT DATE OF DECISION: 14/12/2007

IN THE COURT OF CRIMINAL APPEAL 2007/5920

GROVE J HOWIE J R A HULME J

WEDNESDAY 29 APRIL 2009 Brodie Jeet SINGH v R Judgment 1 GROVE J: I agree with Howie J. 2 HOWIE J: The applicant was sentenced in the District Court for offences in relation to the supply of prohibited drugs over a period from 22 September 2005 to 16 November 2005. He pleaded guilty in the Local Court to two offences. The first was an offence of ongoing supply of MDMA, also known as ecstasy, contrary to s 25A of the Drug Misuse and Trafficking Act 1986. That is an offence for which a maximum penalty of 20 years imprisonment is prescribed. The second offence was the supply of cannabis contrary to s 25(1) of that Act. The maximum penalty for that offence is imprisonment for 10 years, although the Judge erroneously stated that it was 15 years. 3 The applicant was committed for sentence to the District Court where he maintained his pleas of guilty. He also asked the Judge, Black DCJ, to take into account on a Form 1 an offence of supply MDMA, an offence of goods in custody in respect of a sum of money, and the possession of a prohibited drug. On 14 December 2007 he was sentenced to an overall sentence of 7 years 6 months with a non-parole period of 5 years. The applicant is eligible to be released to parole on 15 November 2010. 4 There are two grounds of appeal relied upon: