Hughes, Janet Dilyse v The Queen [1983] FCA 67

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPTTAL TERRITORY

DISTRICT REGISTRY

GENERAL DIVISTON

ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN: JANET DILYSE HUGHES Applicant AND: THE QUEEN Respondent ORDER JUDGE MAKING ORDER: Neaves J. DATE OF ORDER: 14 April, 1983 WHERE MADE: Canberra

THE COURT ORDERS THAT:

1. That the application be dismissed.

IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY

No. A.C.T. G11 of 1983 DISTRICT REGISTRY

GENERAL DIVISION

ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN: JANET DILYSE HUGHES Applicant AND: THE QUEEN Respondent CORAM: Neaves J.

14 April, 1983

REASONS FOR JUDGMENT

This is an application for bail pending the hearing of an appeal by the applicant, Janet Dilyse Hughes, against her conviction and sentence in the Supreme Court of the Australian Capital Territory on a charge under sub-section 4(3) of the Poisons and Narcotics Drugs Ordinance 1978 of the Territory that she had a controlled substance in her possession for the purpose of supplying the substance to another person

or to other persons.

The controlled substance was cannabis (see the Ordinance, sub-section 4(1) and Schedule 12). The charge arose from the discovery at premises known as 77 Piddington Street, Watson, which were owned by the applicant, more than 400 growing cannabis plants and

a quantity of dried material derived from those plants.

The applicant and a male person who was tried with her were convicted on 11 February, 1983. The learned trial Judge entertained an application by the applicant for bail pending sentence. Bail was granted to the appli- cant on her own recognizance of $1,000 on strict reporting conditions. Sentence was awarded on 3 March, 1983, the applicant being sentenced to imprisonment for one year