Haule v R [2015] NSWCCA 253

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Haule v R [2015] NSWCCA 253 Hearing dates: 7 August 2015 Decision date: 24 September 2015 Before: Macfarlan JA at [1] Adams J at [2] Fagan J at [23] Decision: 1. Leave to appeal granted.

2. Set aside the sentences imposed by the District Court on 6 June 2014, in lieu thereof, sentence the applicant as follows:

(a) for the supply of cocaine on 28 November 2012, a term of imprisonment of two years commencing on 28 November 2012 and expiring on 27 November 2014;

(b) for the supply of cannabis leaf between 29 February 2012 and 28 November 2012 (taking into account the offences on the Form 1) a non-parole period of 2 years and 6 months commencing on 28 March 2013 and expiring on 27 September 2015 with a balance of term of 2 years and 3 months commencing on 28 September 2015 and expiring on 27 December 2017; and

(c) for the offence of dealing with the proceeds of crime a term of imprisonment of twelve months commencing on 28 March 2013. Catchwords: CRIMINAL LAW – appeal – sentencing – incorrect maximum term of imprisonment assumed by primary judge – substituted sentence – supply cocaine and cannabis leaf and dealing with proceeds of crime Legislation Cited: Crimes (Sentencing Procedure) 1999 (NSW), s 44 Crimes (Sentencing Procedure) Act 1999 (NSW), s 44 Crimes Act 1900 (NSW), s 193B(1) Drugs Misuse and Trafficking Act 1985 (NSW), s 25(1) Poisons and Therapeutic Goods Act 1966 (NSW), s 16(1) Cases Cited: Luu v R [2008] NSWCCA 285 Category: Principal judgment Parties: Stephan Haule (Applicant) Regina (Respondent) Representation: Counsel: D Barrow (Applicant) H Baker (Respondent)