Tyler v Regina [2002] NSWCCA 272

New South Wales Court of Criminal Appeal

CITATION : Tyler v Regina [2002] NSWCCA 272 FILE NUMBER(S) : CCA 60119/02 HEARING DATE(S) : 07-06-02 JUDGMENT DATE : 7 June 2002

PARTIES : Regina Heather Suzanne Tyler JUDGMENT OF : O'Keefe J at 1; James J at 21; Carruthers AJ at 22

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/11/1045 LOWER COURT JUDICIAL Kinchington DCJ OFFICER :

COUNSEL : Appellant - in person Respondent - Ms M Cinque SOLICITORS : Appellant - in person Respondent - DPP - Sydney CATCHWORDS : Criminal law - Drug importation - MDMA or ecstasy - Commercial quantity - Involvement in importation for money - Not mere courier, but not principal - Prospects of rehabilitation not taken into account by trial Judge - Relevant error - Review of sentence - Conditional parole LEGISLATION CITED : Commonwealth Crimes Act 1914 Proceeds of Crime Act 1991 CASES CITED: Regina v Olbrick (1999) 73 ALJR 1550 DECISION : 1. Leave to appeal be granted; 2. Appeal allowed; 3. Sentence quashed and in lieu thereof there be substituted a term of imprisonment for six years expiring on 27 July 2007 with a non?parole period of three and a quarter years so the applicant will become eligible for release on parole on 27 October 2004, such parole to be subject to a condition that the applicant attend and complete a full time drug rehabilitation programme to commence on the day on which she is admitted to parole and that in the event that she fails so to do, her parole be revoked.

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