R v Thompson

Case [2000] NSWCCA 362


CITATION: R v Thompson [2000] NSWCCA 362
FILE NUMBER(S): CCA 60163/2000
HEARING DATE(S): 11/08/00
JUDGMENT DATE:
11 August 2000

PARTIES :


Regina v Katrina Thompson
JUDGMENT OF: James J at 1; Dowd J at 34
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S) : 00/11/0028
LOWER COURT JUDICIAL
OFFICER :
Blanch CJ/DC
COUNSEL : H Dhanji - Applicant
R d Ellis - Crown
SOLICITORS: D J Humphreys - Applicant
S E O'Connor - Crown
DECISION: Appeal Allowed



      IN THE COURT OF
      CRIMINAL APPEAL
      60163/00
JAMES J
DOWD J
FRIDAY 11 AUGUST 2000
      REGINA v KATRINA THOMPSON
      JUDGMENT


1 JAMES J: Katrina Thompson has applied for leave to appeal against a sentence imposed on her in the District Court on 9 March 2000 by his Honour Justice Blanch, the Chief Judge of the District Court. The applicant had pleaded guilty in the Local Court and had been committed for sentence on one charge under s 25A of the Drug Misuse and Trafficking Act of having supplied a prohibited drug, heroin, on three separate occasions between 18 June 1999 and 23 June 1999. In sentencing the applicant Justice Blanch took into account two offences, both committed in December 1998, which were minor offences of dishonesty.

2   The applicant was sentenced to a term of imprisonment for three years, consisting of a minimum term commencing on 9 March 2000, the date of sentencing, and expiring on 2 November 2000 and an additional term commencing on 3 November 2000 and expiring on 8 March 2003.

3   The minimum term which would expire on 2 November 2000 was set by his Honour on the basis that his Honour had decided that it would be appropriate for the applicant to serve at least nine months in custody but that allowance had to be made for a discrete period of pre-sentence custody of about five weeks.

4 The applicant was sentenced at the same time as another offender named Karamitsios on whom, for one charge under s 25A, a similar sentence of imprisonment for three years, with a minimum term of nine months, was imposed.

5   In his remarks on sentence the Chief Judge stated the common facts of the offences committed by the two prisoners, that is the applicant and Karamitsios, in a way that has been accepted by counsel for the applicant on this application.

      His Honour said:
          “The common facts of the cases are that during June 1999, there was a police operation which identified these two prisoners as a number of offenders engaged in the sale of heroin in the Kings Cross Area. The group consisted of two principals, three middle managers and seven runners who sold deals of heroin on the streets of Kings Cross. These two prisoners were identified as runners and it is accepted by the police that they were addicted to heroin and were therefore user/dealers and dealers in the sense that they were working for other people who were major suppliers and middle men in peddling heroin…

Continue reading R v Thompson

Sign in free to access the full text

Details
AGLC
R v Thompson [2000] NSWCCA 362
Case
[2000] NSWCCA 362
Decision Date

CaseChat Overview and Summary

Katrina Thompson appealed against the sentence imposed by the District Court, which found her guilty of supplying heroin on three separate occasions. The court sentenced her to three years imprisonment with a minimum term of nine months. The appeal raised questions about the appropriateness of the sentence in light of the sentences given to other offenders involved in similar drug activities. The Court of Criminal Appeal considered whether the principle of parity in sentencing should apply, given the significantly lenient sentences of other offenders. The appeal court found that the principle of parity should apply, particularly in relation to another offender, Pouoa, who received a sentence the majority of the Court of Criminal Appeal deemed not manifestly inadequate. The Court of Criminal Appeal granted leave to appeal, quashed the original sentence, and re-sentenced Thompson to a term of imprisonment with a non-parole period expiring on the date of the judgment and an additional term of nine months. The Court ordered Thompson's release on parole.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.