REGINA v NUNAN [1999] NSWCCA 117

Reported Decision : 108 A Crim R 1

New South Wales Court of Criminal Appeal CITATION : REGINA v NUNAN [1999] NSWCCA 117 FILE NUMBER(S) : CCA 60448/99 HEARING DATE(S) : 28 April 1999 JUDGMENT DATE : 28 April 1999

PARTIES : Christine Norma NUNAN (Applicant) Regina (Respondent) JUDGMENT OF : Spigelman CJ at 1; James J at 31; Bell J at 32

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 97/41/0133 LOWER COURT JUDICIAL OFFICER : Murrell DCJ

COUNSEL : T.A. Game SC (Appellant) L.M.B. Lamprati (Crown) SOLICITORS : T.A. Murphy (Appellant) R. Gray (Crown) CATCHWORDS : CRIMINAL LAW - sentence to commence on specified date; bail pending appeal; "at liberty on bail (pending the determination of his or her appeal" Criminal Appeal Act 1912 (NSW) s18(2) Bail Act 1978 (NSW) ACTS CITED : Criminal Appeal Act 1912 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Periodic Detention of Prisoners Act 1981 (NSW) Cameron v Cole (1943) 68 CLR 571 CASES CITED: Whan v Mc Conaughy (1984) 153 CLR 631 Re Bolton; Ex parte Beane (1987) 162 CLR 514 DECISION : No order.

IN THE COURT OF CRIMINAL APPEAL

60448/98

SPIGELMAN CJ JAMES J BELL J

Wednesday 28 April 1999

REGINA v Christine Norma NUNAN

The applicant was sentenced on 4 December 1997 to a fixed term of imprisonment of ten weeks for each of two offences. She was granted bail by Hidden J of the Supreme Court on the assumption that an appeal to that Court had been lodged. Although the applicant applied for leave to appeal the initial conviction, her primary submission was that the sentence has expired and that there was thus no need to address the application.