R v Marschall [2002] NSWCCA 197

Reported Decision : (2002) 129 A Crim R 381

New South Wales Court of Criminal Appeal

CITATION : R v Marschall [2002] NSWCCA 197 FILE NUMBER(S) : CCA 60701/02 HEARING DATE(S) : 21 May 2002 JUDGMENT DATE : 21 May 2002

PARTIES : Regina v Lee Anthony Marschall JUDGMENT OF : Smart AJ at 1

LOWER COURT JURISDICTION : Drug Court LOWER COURT FILE NUMBER(S) : 1999/0225 LOWER COURT JUDICIAL Murrell DCJ OFFICER :

COUNSEL : (A] P M Winch (C) G I O Rowling SOLICITORS : (A) D J Humphreys (C) S E O'Connor CATCHWORDS : Sentencing - approach to time spent in full time residential centre when offender being sentenced on termination of Drug Court Program LEGISLATION CITED : Drug Court Act 1998 Crimes (Sentencing Procedure) Act 1999 R v Eastaway CCA unrep. 19 May 1992 R v Cartwright (1989) 17 NSWLR 243 at 258 R v M E Douglas unrep. CCA 4 March 1997 R v Aiken [2001] NSWCCA 40 CASES CITED: R v Campbell (1999) NSWCCA 76 R v Thompson {2002] NSWCCA 362 R v B J Smith [1999] NSWCCA 45 R v Everingham unrep. CCA 4 July 1994 R v Baker [1999] NSWCCA 150 DECISION : Appeal dismissed

IN THE COURT OF CRIMINAL APPEAL

60701/01 SMART AJ Tuesday 21 May 2002

REGINA v LEE ANTHONY MARSCHALL JUDGMENT

1. Lee Anthony Marschall appeals against the asserted severity of final sentences of imprisonment imposed upon him in the Drug Court on 2 October 2001 consequent upon s 12 of the Drug Court Act 1998.

2. On each of Counts 1 and 7 (possess car breaking implements), Count 9 (possess housebreaking implements), Count 10 (steal property from dwelling) and Count 12 (take and drive conveyance without consent of owner) he was sentenced to imprisonment for a fixed term of seven months three weeks from 25 August 2001 to 14 April 2002.