NSW Caselaw
Reported Decision : 114 A Crim R 226
New South Wales Court of Criminal Appeal
CITATION : R v McCrea [2000] NSWCCA 300 FILE NUMBER(S) : CCA 60247/99 HEARING DATE(S) : 28 July 2000 (Orders Made) JUDGMENT DATE : 11 August 2000
PARTIES : Regina v Wayne Ronald McCrea JUDGMENT OF : Smart AJ at 1
LOWER COURT JURISDICTION : Drug Court LOWER COURT FILE NUMBER(S) : 99/0015 LOWER COURT JUDICIAL Murrell DCJ OFFICER :
COUNSEL : R. J Button (Appellant) R. D Cogswell S.C. (Crown) SOLICITORS : T. A. Murphy (Appellant) S.E. O'Connor (Crown) CATCHWORDS : Sentence Appeal from Drug Court - Rehearing - Admission of further evidence on special grounds - power to impose suspended sentence LEGISLATION CITED : Criminal Appeal Act 1912 Drug Court Act 1998 CASES CITED: Camilleri's Stock Feeds Pty Ltd v EPA (1993) 32 NSWLR 683 DECISION : Refer to paragraphs 36-41
IN THE COURT OF
CRIMINAL APPEAL 60247/99
SMART AJ
Friday, 11 August 2000
REGINA v WAYNE RONALD McCREA 1 Wayne Ronald McCrea appeals against sentences imposed upon him by the Drug Court pursuant to the Drug Court Act 1998. As this is the first appeal of a person so sentenced to the Court of Criminal Appeal it is necessary to summarise briefly the provisions of the Drug Court Act 1998 and those of the Criminal Appeal Act 1912 which govern the situation.
2 The stated object of the Drug Court Act 1998 is "to reduce the level of criminal activity that results from drug dependency." By s. 6 of the Act courts can refer an alleged offender to the Drug Court. Section 7 (2) enables the Drug Court to convict and sentence a person who has pleaded guilty to the offence for which the person has been referred if and only if it is satisfied of five nominated conditions. In broad terms the person must be an eligible person and it must be appropriate for that person to participate in a program under the Drug Court Act 1998. 3 Section 7 (3) provides that on or within 14 days after sentencing, the Drug Court must make an order imposing on the person the conditions that the person has accepted and must make an order suspending execution of the sentence for the duration of the person's program. The program sets out the drug rehabilitation treatment which the person sentenced must undergo.
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