Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6:

1. ADAMSON JA: I agree with the orders proposed by Dhanji J and, with one exception, with his Honour's reasons. I would prefer not to express a view about the potential consequence of a sentencing judge omitting to specify a non-parole period in respect of an offence for which a standard non-parole period was specified ([64]-[74] of Dhanji J's reasons) as this question was not the subject of argument in the present appeal.

2. DHANJI J: The applicant, who is self-represented, seeks leave to appeal pursuant to s 5(1)(c) of the Criminal Appeal Act 1912 (NSW) against the sentence imposed upon him in the District Court of New South Wales at Sydney on 12 April 2024 by his Honour Judge McGuire SC.

3. The applicant was sentenced with respect to the following offences:

Sequence 2: Supply prohibited drug, not less than the commercial quantity, being 409.9 grams of methylamphetamine, contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW) ("DMTA") ("commercial supply offence").

Sequence 5: Deal with property reasonably suspected to be the proceeds of crime, being $5,940.00 of Australian currency, contrary to s 193C(2) of the Crimes Act 1900 (NSW) ("proceeds offence").

4. The applicant was sentenced to an aggregate sentence of 2 years imprisonment commencing on 17 June 2023 and expiring on 16 June 2025, with a non-parole period of 1 year and 2 months, which expired on 16 August 2024.

5. The maximum penalty applicable to the commercial supply offence was a fine of $385,000 and/or imprisonment for 20 years. A standard non-parole period of 10 years is prescribed. The maximum penalty for an offence against s 193C(2) of the Crimes Act is imprisonment for 3 years. The proceeds offence had, however, been referred to the District Court as a related offence pursuant to a certificate under s 166 of the Criminal Procedure Act 1986 (NSW). As a result, the jurisdictional limit applicable in the Local Court of 2 years imprisonment applied.

6. Indicative sentences for each of the two offences were specified in accordance with s 53A(2)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW) ("CSPA"). The applicant was afforded a discount of 25 percent with respect to each offence for his early plea of guilty pursuant to s 25D of the CSPA. Following the application of the discount, the indicative sentences nominated were, for the commercial supply offence, 1 year and 10 months imprisonment, and for the proceeds offence, 4 months imprisonment.

7. The grounds of appeal on which the applicant seeks to rely are as follows:

"1. Could [have] been backdated up to 199 days

2. Both sentences could [have been set so they] ran concurrent[ly]

3. It was agreed that I was the least serious of the 4 co offenders and I should [have received] less of a sentence than [one of those co-offenders who received a sentence of] 1 y 10m"

8. For the reasons set out below, I would grant leave to appeal but dismiss the appeal.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19737e501b05a93134926252)

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