The Queen v Irvine [1999] FCA 1286

FEDERAL COURT OF AUSTRALIA

The Queen v Irvine [1999] FCA 1286 CRIMINAL LAW – appeal against sentence by Director of Public Prosecutions – use of Griffiths Bond – drug offences – comparative lenience – whether special circumstances – whether imprisonment appropriate Drugs of Dependence Act 1989 (ACT) Griffiths v The Queen (1976-1977) 137 CLR 293 Jovanovic v The Queen [1999] FCA 1008 R v Webb (1953) 37 CrAppR 82 R v Kelly (Federal Court, Morling, Pincus & Miles JJ, 20 December 1989, unreported) R v House (1991) 28 FCR 194 Everett v The Queen (1994) 181 CLR 295 Jurkovic (1981) 6 ACrimR 215 THE QUEEN v ANNE ELIZABETH IRVINE A 21 of 1999 SPENDER, MADGWICK & DOWSETT JJ 15 SEPTEMBER 1999 BRISBANE (HEARD IN CANBERRA)

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A 21 OF 1999

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN: THE QUEEN

Appellant

AND: ANNE ELIZABETH IRVINE

Respondent

JUDGES: SPENDER, MADGWICK & DOWSETT JJ

DATE OF ORDER: 15 SEPTEMBER 1999

WHERE MADE: BRISBANE (HEARD IN CANBERRA)

THE COURT ORDERS THAT: 1. The appeal be allowed to the extent necessary to set aside the trial judge's order that there be no order with respect to count four. 2. With respect to count four, a treatment order is made in accordance with the recommendations of the Treatment Panel in the report dated 29 April 1999, namely that the respondent attend the Alcohol and Drug Programme, an approved treatment centre, and be reviewed by the Panel monthly or at such other time or periods as the Panel may from time to time require. 3. The treatment order is for twelve months from 18 May 1999. 4. The appeal otherwise be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.