NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : R v Bell [2002] NSWCCA 195 FILE NUMBER(S) : CCA 60719/01 HEARING DATE(S) : 21 May 2002 JUDGMENT DATE : 21 May 2002
PARTIES : Michael Robert Bell v Regina JUDGMENT OF : Smart AJ at 1
LOWER COURT JURISDICTION : Drug Court LOWER COURT FILE NUMBER(S) : 1999/0436 LOWER COURT JUDICIAL Murrell DCJ OFFICER :
COUNSEL : (A) P M Winch (R) G I O Rowlings SOLICITORS : (A) D J Humphreys (R) S E O'Connor CATCHWORDS : Sentencing - termination of Drug Court Programme as appellant not able to complete - sentences not excessive Criminal Appeal Act 1912 LEGISLATION CITED : Drug Court Act 1998 Crimes (Sentencing Procedure) Act 1999 CASES CITED: Nil DECISION : See para 34
IN THE COURT OF CRIMINAL APPEAL
60719/01 SMART AJ Tuesday 21 May 2002
REGINA v MICHAEL ROBERT BELL JUDGMENT
1. Pursuant to ss 5AF and 5AA of the Criminal Appeal Act 1912, Michael Robert Bell appeals against the asserted severity of final sentences of imprisonment imposed upon him in the Drug Court on 11 October 2001 consequent upon s 12 of the Drug Court Act 1998. These were as follows: Count 1 break enter and steal on 18 January 1996. Count 2 break enter and steal on 22 November 1999. Count 3 break enter and steal on 22 November 1999.
-- all were committed prior to the Drug Court Program. Concurrent sentences on each count of sixteen months,starting on 1 March 2002 with a non-parole period of seven months.
Count 4 Receiving on 26 June 2000 – committed while on Drug Court program.
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