R v Postic

The appellant, Postic, was sentenced for trafficking in methylamphetamines and production of amphetamines. The appellant was sentenced to seven years imprisonment for the trafficking offence and four years for the production offences, to be served cumulatively. The production offences were committed while the appellant was on bail for the trafficking offences. Postic appealed against the sentence, arguing that the sentences imposed were outside the range of a sound sentencing discretion, that the sentences should not have been accumulated, and that a recommendation for early release should have been made to reflect his pleas of guilty.

The court considered whether the sentences imposed were excessive and whether it was proper to accumulate the sentences. The court found that the cumulative sentence was too severe and that the court should not have accumulated the sentences because the offences were discrete in time. The court also held that a recommendation for early release should have been made in light of the appellant's pleas of guilty.

The appeal was allowed, and the sentences were varied. The appellant was sentenced to 6 and a half years imprisonment for the trafficking offence and 3 and a half years imprisonment for the production offences, to be served concurrently. The court also recommended that the appellant be considered for post prison community based release on 10 December 2005. The appeal was granted, and the sentences were varied as per the orders mentioned above.