NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : REGINA v ROBY [2003] NSWCCA 242 HEARING DATE(S) : 19 August 2003 JUDGMENT DATE : 19 August 2003
JUDGMENT OF : Spigelman CJ at 1, 43; Sully J at 35; Hidden J at 42 DECISION : Leave to appeal against sentence granted, sentence on Count 1 affirmed, sentence on Count 2 quashed and substituted [34].
CATCHWORDS : CRIMINAL LAW - SENTENCE - supply prohibited drug - where refusal to give weight to prospects of rehabilitation - where earlier decision of Court of Criminal Appeal accepted Applicant's subjective circumstances extraordinary - whether sentencing judge failed to give appropriate recognition to subjective circumstances. LEGISLATION CITED : Criminal Appeal Act 1912 s 6(3) Drug Misuse and Trafficking Act 1985 s 25(1) PARTIES : Regina Rhona Roby FILE NUMBER(S) : CCA 60159/03 COUNSEL : J Barnett (Applicant) D Arnott (Crown) SOLICITORS : J Anthony (Applicant) S E O'Connor (Crown)
LOWER COURT District Court JURISDICTION : LOWER COURT 02/31/0140 FILE NUMBER(S) : LOWER COURT Coolahan DCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL 60159/03
SPIGELMAN CJ SULLY J HIDDEN J
Tuesday 19 August 2003 REGINA v Rhona ROBY Judgment 1 SPIGELMAN CJ: The Applicant was sentenced by Coolahan DCJ after pleading guilty to two offences of supplying the prohibited drug, methylamphetamine, contrary to s25(1) of the Drug Misuse and Trafficking Act 1985. The maximum penalty for each offence is imprisonment for 15 years. His Honour sentenced the Applicant as follows:
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