Jailed Byron LSD dealer gets chance for appeal
AN APPEAL has been granted for a Byron Bay drug dealer who has been locked up for more than a decade.
Henry Edgar Des Rosiers was caught in 2004 with 196g of liquid LSD and 101 sheets of blotting paper, each printed with 1000 heart-shaped logos ready to be impregnated with the psychedelic drug.
A raid on his home also turned up 90.6g of MDMA - 72 times the indictable quantity - along with 724.4g of dried marijuana, three marijuana plants, 10 prepared LSD tabs, six capsules of hallucinogenic 2C-B and $2340 in cash.
The LSD alone had an estimated street value of between $200,000 and $1.5 million.
The haul, along with phone-tap evidence, earned Des Rosiers a 15-year jail sentence with a non-parole period of 12 years.
His earliest possible release to parole was set at April 16 of this year.
Des Rosiers applied unsuccessfully for an appeal in 2014, arguing the court had contradicted legal precedence by applying undue emphasis to the standard non-parole period for such a crime.
Now his lawyers have made a second application along similar lines, using more recent rulings as evidence of the judge's supposed sentencing error.
They argued the mathematical "neatness" of the 15-year sentence, with no parole for exactly 12 years, proved there had been a mistake.
NSW Supreme Court Justice Helen Wilson found there did appear to be some doubt over the sentence.
She referred the matter to the NSW Court of Criminal Appeal to be heard at a later date. - ARM NEWSDESK