Regina v Blair [2005] NSWCCA 78

Regina v Blair [2005] NSWCCA 78

The appellant, having acted as a courier and storeman in moving and holding a commercial quantity of methylamphetamine, was not merely holding the drugs for return to the owner, and thus a direction regarding possession otherwise than for supply was not required. Jury directions on the mental element conformed with...

Source-derived case information.

Parties
Prosecutor: Regina; Appellant: Robert Keith Blair
Jurisdiction
Australia
Judgment Date
11 March 2005
Procedural Posture
Criminal Appeal / Court of Criminal Appeal; Appeal Against Conviction and Sentence From District Court
Outcome
Appeal against conviction dismissed; appeal against sentence allowed; appellant resentenced
Legal Topics
Deemed Supply of Prohibited Drug, Directions to Jury Element of Supply, Directions to Jury Mental Element of Offence, Sentencing Standard Non Parole Period, Application of Statutory Sentencing Formula, Error in Calculating Quantity of Drug, Prior Record as Aggravating Factor, Objective Seriousness of Offence, Resentencing
Criminal Law Deemed Supply of Prohibited Drug Directions to Jury Element of Supply Directions to Jury Mental Element of Offence Sentencing Standard Non Parole Period Application of Statutory Sentencing Formula Error in Calculating Quantity of Drug Prior Record as Aggravating Factor +2 more

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Summary, issues, holding and outcome

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Parties

Regina

Prosecutor

Robert Keith Blair

Appellant

Procedural Posture

Criminal Appeal / Court of Criminal Appeal; Appeal Against Conviction and Sentence From District Court

Legal Issues

  1. 1 Whether jury directions regarding the element of supply were erroneous
  2. 2 Whether jury directions regarding the mental element of the offence were erroneous
  3. 3 Whether sentence imposed was excessive or contained error

Ratio Decidendi

The appellant, having acted as a courier and storeman in moving and holding a commercial quantity of methylamphetamine, was not merely holding the drugs for return to the owner, and thus a direction regarding possession otherwise than for supply was not required. Jury directions on the mental element conformed with authority. However, the sentencing judge erred in calculation of the position in the range of commercial quantity, treatment of prior record as aggravating, and inadequately considered matters affecting objective seriousness. Sentence quashed and appellant resentenced.

Court Disposition

Appeal against conviction dismissed; appeal against sentence allowed; appellant resentenced

Orders

  • Leave to appeal against sentence granted
  • Appeal against sentence allowed and District Court sentence quashed