White v R [2014] NSWCCA 329

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: White v R [2014] NSWCCA 329 Hearing dates: 24 November 2014 Decision date: 19 December 2014 Before: Hidden J at [1] Decision: Leave to appeal against conviction granted, appeal allowed, conviction quashed, new trial ordered. Catchwords: CRIMINAL LAW - appeal against conviction after plea of guilty - ongoing supply of methylamphetamine - applicant involved in supply of drug to undercover officer on three occasions - no evidence of financial material benefit to him on two occasions Legislation Cited: Drug Misuse and Trafficking Act 1985 Cases Cited: Dyers v The Queen [2002] HCA 45, 210 CLR 285 Liberti (1991) 55 A Crim R 120 Regina v Jackson [2004] NSWCCA 110 Texts Cited: Legislative Assembly of NSW: Hansard: 7 May 1998 at 4689, 4690 Category: Principal judgment Parties: Jamie Hoby White (applicant) Regina (Crown) Representation: Counsel: C Bruce SC (applicant) G Rowling (Crown) Solicitors: S E O'Connor - Legal Aid NSW (applicant) J Pheils - Solicitor for Public Prosecutions (Crown) File Number(s): 2013/220739 Decision under appeal Date of Decision: 2014-04-03 00:00:00 Before: Craigie DCJ File Number(s): 2013/220739

Judgment 1HIDDEN J: The applicant, Jamie Hoby White, pleaded guilty in the District Court to a charge of supplying a prohibited drug, methylamphetamine, on an ongoing basis, an offence under s 25A(1) of the Drug Misuse and Trafficking Act 1985. He was sentenced to imprisonment for 3 years with a non-parole period of 18 months. The proceedings in this court began as an application for leave to appeal against sentence. However, at the hearing of the matter leave was sought to appeal against the conviction. A summary of the facts will explain why that application was made.