NSW Caselaw
Reported Decision : 139 A Crim R 206
New South Wales Court of Criminal Appeal
CITATION : Regina v Spicer [2003] NSWCCA 108 HEARING DATE(S) : 7 February 2003 JUDGMENT DATE : 23 April 2003
JUDGMENT OF : Santow JA at 1; Simpson J at 2; Smart AJ at 3 DECISION : (1) Appeal against conviction on the first count allowed; conviction quashed; verdict of acquittal entered (2) (a) Leave to appeal against sentence on the second count granted; sentence quashed (b) In lieu thereof the appellant is sentenced to imprisonment for three years commencing on 25 July 2001 with a non-parole period expiring on 24 April 2003 on which day the appellant is to be released on parole.
CATCHWORDS : Knowingly take part in manufacture of prohibited drug - more than transportation must be proved - conviction quashed - deemed supply of prohibited drug in liquid form and not able to be readily supplied - extent of penalty. LEGISLATION CITED : Drug Misuse and Trafficking Act 1985 R v BD (2001) 128 A Crim R 28 R v Marchione [2002] NSWCCA 131 CASES CITED : R v Thomas (1993) 67 A Crim R 308 R v Lee NSWCCA, unrep 6 December 1994 R v Bright [1916] 2 KB 441 R v Kingswell 158 CLR 281 PARTIES : Regina v David Ernest Spicer FILE NUMBER(S) : CCA 60810/01 COUNSEL : (A) R Sutherland SC (C) R Hulme SC SOLICITORS : (A) Glenn K Walsh (C) S E O'Connor
LOWER COURT District Court JURISDICTION : LOWER COURT 01/21/1021 FILE NUMBER(S) : LOWER COURT Luland DCJ JUDICIAL OFFICER :
- IN THE COURT OF CRIMINAL APPEAL 60810/01
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