NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v Joanne Lee McArthur [2002] NSWCCA 390 FILE NUMBER(S) : CCA 60267/02 HEARING DATE(S) : 25/09/2002 JUDGMENT DATE : 25 September 2002
PARTIES : Regina Joanne Lee McArthur JUDGMENT OF : Buddin J at 1; Smart AJ at 21
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/11/1314 LOWER COURT JUDICIAL Urquhart DCJ OFFICER :
COUNSEL : R Hulme (Crown) P Hamill (Applicant) SOLICITORS : SE O'Connor (Crown) DJ Humphreys (Applicant) CATCHWORDS : Supply amphetamines on an on-going basis - four occasions - helping out a friend for no personal financial gain - limited involvement but enabled business to continue - full-time custodial sentence held not to be outside the range even with favourable subjective features - new material showing true significance of facts in existence at time of sentence - sentence reduced. LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 R v Bailey (1988) 35 A Crim R 458 CASES CITED: R v Munday (1981) 2 NSWLR 177 R v Smiroldo (2000) 112 A Crim R 47 R v Smith (1987) 44 SASR 587 DECISION : Leave to appeal granted. Appeal allowed. Quash the sentence imposed in the District Court. In lieu thereof the applicant is sentenced to imprisonment for ten months. The sentence is to commence on 5 April 2002 and is to expire on 4 February 2003. The non-parole period is to commence on 5 April 2002 and is to expire on 25 September 2002.
IN THE COURT OF CRIMINAL APPEAL 60267/02
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