Kennedy v R [2013] NSWCCA 104

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Kennedy v R [2013] NSWCCA 104 Hearing dates: 06/05/2013 Decision date: 07 May 2013 Before: Bathurst CJ at [1] Fullerton J at [2] Campbell J at [29] Decision: 1. Leave to appeal granted. 2. The sentences imposed in the District Court on 23 February 2012 are quashed. 3. In lieu the following sentences are imposed: (a) For the offence of knowingly take part in the manufacture of not less than the commercial quantity of a prohibited drug, a fixed term of imprisonment of 3 months to commence on the 5 November 2011 and to expire on 4 February 2012; (b) For the offence of knowingly take part in the manufacture of not less than the large commercial quantity of a prohibited drug, imprisonment for a period of 10 months to commence from 7 May 2013 to be suspended in accordance with s 12 of the Crimes (Sentencing Procedure) Act on condition that the applicant enter into a good behaviour bond for a period of 10 months. 4. The order made in the District Court for the destruction of the prohibited drugs the subject of the offences specified on the Form 1 is confirmed. Catchwords: CRIMINAL LAW - appeal against sentence - knowingly taking part in the manufacture of prohibited drugs - whether sentencing judge's discretion miscarried when imposing a sentence of full-time custody Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: Muldrock v R [2011] HCA 39; 244 CLR 120 Veen v R (No 2) [1988] HCA 14; 164 CLR 465 Category: Principal judgment Parties: Rachelle Kennedy (Applicant) The Crown (Respondent) Representation: Counsel: A Francis (Applicant) R Herps (Crown) Solicitors: Legal Aid Commission of NSW (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2009/254334 Decision under appeal Jurisdiction: 9101 Date of Decision: 2012-02-23 00:00:00 Before: Keleman DCJ File Number(s): 2009/254334