Catchwords

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – where applicant pleaded guilty to one count of possession of methylamphetamine with a circumstance of aggravation, one count of supplying methylamphetamine and various other drug related offences – where applicant sentenced to three years imprisonment suspended after 12 months for the supply of methylamphetamine, three years imprisonment with a recommendation for PPCBR after serving 12 months for the possession of methylamphetamine and lesser concurrent sentences for the other offences – where 347 days spent in pre-sentence custody declared time already served under the sentences imposed – where sentencing judge intended that the applicant be released on parole after serving 12 months of the partially suspended sentence – where for administrative reasons recommendation for parole not capable of being given effect in the way intended - whether sentencing discretion miscarried