Perdija v R [2012] NSWCCA 244

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Perdija v R [2012] NSWCCA 244 Hearing dates: 20 July 2012 Decision date: 23 November 2012 Before: Allsop P at [1] Davies J at [1] Campbell J at [1] Decision: 1.Grant leave to appeal. 2. Allow the appeal against sentence. 3. Set aside the sentence for the offence in count 4 imposed by the District Court on 24 May 2011 and in lieu thereof sentence the applicant (taking into account the 13 offences on a Form 1) to imprisonment for a non-parole period of two years and nine months commencing 6 February 2011 and expiring 5 November 2013 with a balance of term of two years and nine months expiring 5 August 2016. Catchwords: SENTENCING - four counts of supplying prohibited drug - six year non-parole period - first offence - applicant with good prospects of rehabilitation - totality - sentence manifestly excessive Legislation Cited: Drug Misuse and Trafficking Act 1985 (NSW), s 10(1), s 25(2) Poisons and Therapeutic Goods Act 1966 (NSW), s 16(1) Cases Cited: Eedens v R [2009] NSWCCA 254 Herbert v R [2003] WASCA 61; 27 WAR 330 Muldrock v R [2011] HCA 39; 244 CLR 120 R v Clinch (1994) 72 A Crim R 301 R v Nassif [2005] NSWCCA 38 Vu v R [2006] NSWCCA 188 Wong v R [2001] HCA 64; 207 CLR 584 Category: Principal judgment Parties: Matthew Perdija (Applicant) Regina (Respondent) Representation: P Boulten SC (Applicant) P Ingram SC (Respondent) Bannisters Lawyers (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2009/79671 Decision under appeal Date of Decision: 2012-11-23 00:00:00 Before: Solomon DCJ File Number(s): 2009/79671