Application under Part 7 Crimes (Appeal and Review) Act 2001 by Anthony Bernard Stevens [2012] NSWSC 425

Supreme Court New South Wales

Medium Neutral Citation: Application under Part 7 Crimes (Appeal and Review) Act 2001 by Anthony Bernard Stevens [2012] NSWSC 425 Decision date: 23 May 2012 Jurisdiction: Common Law Before: Beech-Jones J Decision: Application refused Catchwords: CRIMINAL - application for inquiry into sentence - supply of large commercial quantity of prohibited drug - parity. Legislation Cited: Crimes (Appeal and Review) Act 2001 Criminal Appeal Rules Drug Misuse and Trafficking Act 1985) Cases Cited: Eastman v Director of Public Prosecutions (ACT) [2003] HCA 28; (2003) 214 CLR 318 [2012] NSWCCA 69 Grierson v The King [1938] HCA 45; (1938) 60 CLR 431 Postiglione v The Queen [1997] HCA 26; 189 CLR 295 R v Pavan [2009] NSWDC 82 R v Radloff (1996) 88 A Crim R 26 Stevens v R [2007] NSWCCA 252 Varley v the Attorney General of NSW (1987) 8 NSWLR 30 Category: Principal judgment Parties: Anthony Bernard Stevens Representation: Counsel: Solicitors: File Number(s): -

DECISION 1HIS HONOUR: This is an application under s 78(1) of the Crimes (Appeal and Review) Act 2001 (the "Act") for an inquiry into the sentence imposed upon the applicant, Anthony Bernard Stevens.

Background 2On 15 June 2006, the applicant pleaded guilty to an indictment which contained a single count that between about 24 February and about 5 March 2005, at Sydney, in New South Wales he did supply a large commercial quantity of a prohibited drug, namely, cocaine contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985. 3The Crown alleged the applicant had engaged in two separate acts of supplying cocaine, on 25 February 2005 (the "first supply") and 4 March 2005 (the "second supply"). They were said by the Crown to amount to a single criminal enterprise. On each occasion it was alleged that the applicant received, for the purposes of supply, slightly less than a kilogram of cocaine from Robert Pavan. Thus the Crown contended that the applicant had supplied a total of two kilograms of cocaine. 4Although the applicant pleaded guilty, he disputed that he was involved in the first supply. The sentencing judge, his Honour Judge Berman SC DCJ, resolved this dispute in favour of the Crown. Accordingly, the applicant was sentenced on the basis that he had supplied two kilograms of cocaine. 5On 23 June 2006, his Honour sentenced the applicant to a term of imprisonment for a period of 11 years with a non-parole period of 7 years to date from 17 May 2005. The applicant is eligible to be released to parole on 16 May 2012. 6The applicant applied to the Court of Criminal Appeal for leave to appeal his sentence. The first three grounds of appeal relied upon related to his Honour's finding that the applicant was involved in the first supply. The fourth ground of appeal was that a different, less severe, sentence was warranted and ought to have been imposed. On 28 August 2007, the Court ordered that leave to appeal be granted, but that the appeal be dismissed: Stevens v R [2007] NSWCCA 252. 7On 24 April 2009 Robert Pavan was also sentenced by his Honour Judge Berman SC DCJ. Mr Pavan was sentenced to a term of imprisonment for a period of 12 years with a non-parole period of 7 and a half years to commence from 9 May 2005. Mr Pavan was sentenced after pleading guilty to the charge that he supplied a large commercial quantity of cocaine. The particulars of that charge were that he had supplied a kilogram of cocaine to the applicant on two separate occasions, and had also supplied a kilogram of cocaine on a third occasion to two other men, Ian Hinch and David Dowe; see R v Pavan [2009] NSWDC 82.