R v Chapman [2002] NSWCCA 105

New South Wales Court of Criminal Appeal

CITATION : R v Chapman [2002] NSWCCA 105 FILE NUMBER(S) : CCA 60254/01 HEARING DATE(S) : 04/12/01 JUDGMENT DATE : 12 April 2002

PARTIES : Regina Louise Jane Chapman JUDGMENT OF : Stein JA at 1; Hidden J at 2; Howie J at 20

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/51/0278 LOWER COURT JUDICIAL Puckeridge DCJ OFFICER :

COUNSEL : SJ Odgers SC - Appellant WG Dawe QC - Crown SOLICITORS : DJ Humphreys - Appellant SE O'Connor - Crown CATCHWORDS : Criminal law: Appeal against conviction - wrongful rejection of evidence going to accused's good character - omission to lead other evidence of good character - whether miscarriage of justice. LEGISLATION CITED : Drug Misuse & Trafficking Act 1985 Evidence Act 1995 CASES CITED: Mraz v The Queen (1955) 93 CLR 493 @ 514. DECISION : Appeal allowed.

IN THE COURT OF CRIMINAL APPEAL 60254/2001

STEIN JA HIDDEN J HOWIE J

Friday, 12 April, 2002 REGINA v Louise Jane CHAPMAN Judgment 1 STEIN JA: I agree with Hidden J. 2 HIDDEN J: The appellant, Louise Jane Chapman, was tried by judge alone in the Armidale District Court upon an indictment containing two counts: firstly, deemed supply of methylamphetamine (s 25(1) and s 29 of the Drug Misuse and Trafficking Act) and, secondly, supplying amphetamine on an ongoing basis during the first fortnight of October 1999 (s 25A(1) of the Act). The learned trial judge acquitted her of the first count but found her guilty of the second. He sentenced her to imprisonment for eighteen months, to date from 23 March 2001, with a non parole period of eight months. That non parole period had expired at the time this appeal came on for hearing. She appeals against conviction only. Before us, both parties were represented by counsel other than those who had appeared at the trial.