NSW Caselaw
Reported Decision : 116 A Crim R 150
New South Wales Court of Criminal Appeal
CITATION : Regina v SLR [2000] NSWCCA 436 FILE NUMBER(S) : CCA 60600/99 HEARING DATE(S) : 25 February 2000 JUDGMENT DATE : 25 February 2000
PARTIES : Regina v SLR JUDGMENT OF : Hidden J at 34; Carruthers AJ at 1
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/31/0542 LOWER COURT JUDICIAL Howie DCJ OFFICER :
COUNSEL : M G Pincott (Solicitor) (Appellant) P Hock (Crown/Respondent) SOLICITORS : Sydney Regional Aboriginal Legal Service (Appellant) S E O'Connor (Crown/Respondent) CATCHWORDS : Criminal law - sentence appeal - 18 year old female pregnant at the time of sentence - custodial sentence imposed with direction that they served in a juvenile detention centre - fresh evidence that facilities unavailable for appellant to keep child after confinement in a juvenile centre - such facilities available in an adult prison under Mothers and Children Programme. Crimes Act 1900 LEGISLATION CITED : Correctional Centres Act 1952 Children (Detention Centres) Act, 1989 Regina v XYJ (Unreported) NSWCCA 15 June 1992; CASES CITED: Regina v Edwards (1996) 98 ACrimR 510; Regina v Wirth (1976) SASR 291 at 295 DECISION : Appeal allowed - order varied to provide "appellant to serve her sentence in a Juvenile Centre until she gives birth to her proposed child and thereafter she be transferred to an adult prison."
IN THE COURT OF CRIMINAL APPEAL CCA60699/99
HIDDEN J CARRUTHERS AJ Friday, 25 February 2000 REGINA v S L R JUDGMENT
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