REGINA v. MacFARLANE [2002] NSWCCA 250

New South Wales Court of Criminal Appeal

CITATION : REGINA v. MacFARLANE [2002] NSWCCA 250 FILE NUMBER(S) : CCA No. 60501 of 2001 HEARING DATE(S) : Friday 21 June 2002 JUDGMENT DATE : 21 June 2002

PARTIES : REGINA v. MacFARLANE, Adam JUDGMENT OF : Greg James J at 1; Smart AJ at 47

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/11/0317 LOWER COURT JUDICIAL Naughton, DCJ. OFFICER :

COUNSEL : Crown: L.M.B. Lamprati App: C.B. Craigie, SC. SOLICITORS : Crown: S.E. O'Connor App: Sydney Regional Aboriginal Corporation Legal Service CATCHWORDS : Criminal law - sentence - appeal - necessity for sentence to reflect in parole period - entry into long term strict regime rehabilitation from drug addiction. LEGISLATION CITED : Crimes Act 1900 Justices Act 1902 CASES CITED: Pearce (1998) 194 CLR 610 DECISION : The appeal be allowed in part; the appeals on counts three and four be dismissed. On count one, the sentence passed be quashed and in lieu the applicant be sentenced to imprisonment for two years, six months commencing on 20 July 2002 and expiring on 19 January 2005, with, on that count, a non-parole period of six months to expire on 19 January 2003. On count two, the sentence passed be quashed and in lieu a sentence of imprisonment for six months be imposed commencing on 20 July 2002 and expiring on 19 January 2003. The release of the applicant be directed to supervised parole at the expiration of the non?parole period and it be directed that consideration be given to making it a condition of release on parole that the applicant enter immediately into a full?time supervised residential drug rehabilitation course, the duration of that course to be fixed by reference to what is regarded by the Probation and Parole Service as reasonable.