REGINA v Adam Eli MEYER [2002] NSWCCA 451

Reported Decision : (2002) 135 A Crim R 438

New South Wales Court of Criminal Appeal

CITATION : REGINA v Adam Eli MEYER [2002] NSWCCA 451 FILE NUMBER(S) : CCA 60351/02 HEARING DATE(S) : 13/11/02 JUDGMENT DATE : 2 December 2002

PARTIES : REGINA Adam Eli MEYER (Applicant) JUDGMENT OF : Wood CJ at CL at 1; Dowd J at 2; Bell J at 3

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/11/1316 LOWER COURT JUDICIAL Kinchington DCJ OFFICER :

COUNSEL : PJP Power SC (Crown) P Byrne SC (Applicant) SOLICITORS : SE O'Connor RF Bergagnin & Co (Applicant)

Crimes Act 1900 LEGISLATION CITED : Crimes (Administration of Sentences) Act 1999 Crimes (Sentencing Procedure) Act 1999 Justices Act 1902 Dinsdale v The Queen (2000) 202 CLR 321 Regina v Foster [2001] NSWCCA 215 R v Gallagher (1991) 23 NSWLR 220 CASES CITED: R v JCE [2000] NSWCCA 498; 120 A Crim R 18 R v Parsons & Poore [2002] NSWCCA 296 R v Simpson (2001) 53 NSWLR 704 R v Wegener [1999] NSWCCA 405 R v Zamagias [2002] NSWCCA 17 DECISION : Leave to appeal against the severity of the sentences granted; Allow the appeal; Sentences imposed in the District Court quashed and in lieu thereof the applicant is sentenced in each case to a term of one year and six months imprisonment with a non-parole period of one year, one month and two weeks; Each sentence is to be served by way of periodic detention and to commence on 25 May 2002; The first date upon which the applicant will be eligible for consideration for release to parole is 9 July 2003 or such later date as may be determined by reason of the applicant's imprisonment being extended pursuant to the provisions of the Crimes (Administration of Sentences) Act 1999