Beveridge v R [2011] NSWCCA 249

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Beveridge v R [2011] NSWCCA 249 Hearing dates: 20/09/11 Decision date: 25 November 2011 Before: Bathurst CJ at [1] James J at [2] Hoeben J at [31] Decision: Leave to appeal granted. Appeal against sentence dismissed. Catchwords: CRIMINAL LAW - no matter of principle Legislation Cited: Drug Misuse and Trafficking Act Crimes (Sentencing Procedure) Act Crimes (Appeal and Review) Amendment (Double Jeopardy) Act 2009 Cases Cited: Vu v R [2006] NSWCCA 188 R v Sellars [2010] NSWCCA 133 R v McEvoy [2010] NSWCCA 110 R v Olbrich (1999) 199 CLR 270 R v Green and Quinn [2010] NSWCCA 313 House v The King (1936) 55 CLR 499 Dinsdale v The Queen (2000) 202 CLR 321 Category: Principal judgment Parties: Adam Beveridge - Applicant Regina - Crown Representation: K Averre - Applicant V Lydiard - Crown Legal Aid Commission - Applicant S Kavanagh - Solicitor for Public Prosecutions File Number(s): 2010/12660 Decision under appeal Date of Decision: 2010-06-15 00:00:00 Before: Neilson DCJ File Number(s): 2010/12660

Judgment 1BATHURST CJ : I agree with the orders proposed by James J for the reasons given by him. 2JAMES J : Adam Beveridge applied for leave to appeal against a sentence imposed on him in the District Court by his Honour Judge Neilson for an offence under s 23(2) of the Drug Misuse and Trafficking Act of cultivating not less than a commercial quantity of cannabis plants, to which he had pleaded guilty. 3The number of cannabis plants cultivated by the applicant was 3,373, which is greater than the number of 1,000 plants specified in Schedule 1 to the Drug Misuse and Trafficking Act as being the large commercial quantity for cannabis plants. Accordingly, under s 33(3) of the Act the maximum penalty for the applicant's offence was a fine of 5,000 penalty units or imprisonment for 20 years or both. The sentencing judge imposed a sentence consisting of a non-parole period of three years six months and a balance of the term of two years six months. 4Since 1 January 2008 there has been a standard non-parole period of 10 years for an offence under s 23(2) of the Act which involves not less than the large commercial quantity of prohibited plants. Previously, there had not been any standard non-parole period for the offence. The standard non-parole period applied to the applicant's offence.