6 Sept 2022
The application for bail pending appeal was refused because it was not reasonably arguable that the overall sentence of 15 months was wrong in principle or manifestly excessive given the established 12–18 month starting point for simple possession where the amount exceeds one gram, the appropriate enhancement, and the legitimacy of an immediate term for dangerous driving to evade police.
25 Feb 1998
The Magistrate's sentence of 7 months imprisonment was not excessive and was a lawful exercise of sentencing discretion given the appellant's extensive and recent drug-related convictions, failure to benefit from prior treatment, and the Magistrate's legitimate consideration of the context; accordingly the appeal against sentence is dismissed.
12 Oct 1994
Given the June 1992 legislative increase of the maximum sentence to seven years and the substantial quantity of drugs (112.56g mixture with 62.81g narcotic salts) placing the offence in the top range of simple possession, the three year sentence was manifestly inadequate; the appropriate sentence is increased to four and a half years despite available treatment options.
12 Oct 1993
Conviction upheld because there was no basis to disturb the trial judge's adverse credibility findings; the District Judge erred in principle by imposing one year for simple possession of a relatively small narcotic quantity (5.65g), and by reference to applicable precedents and the totality principle the appropriate sentence is 9 months' imprisonment to be served consecutively to earlier sentences.
9 Jul 1992
The court held that the magistrate erred by placing undue emphasis on the number of straws/packets and that quantity/packeting is largely irrelevant to sentencing for simple possession; having regard to the applicant's record and authorities on sentencing ranges the 12 month sentence was excessive and should be reduced to 9 months imprisonment.