Regina v Rice [2004] NSWCCA 384

Reported Decision : 150 A Crim R 37

New South Wales Court of Criminal Appeal

CITATION : Regina v Rice [2004] NSWCCA 384 HEARING DATE(S) : 11/08/04 JUDGMENT DATE : 10 November 2004

JUDGMENT OF : Hodgson JA at 1; Hulme J at 8; Smart AJ at 38 DECISION : See para 125

CATCHWORDS : Correct construction of ss 105A, 112 and 113 of Crimes Act - refusing leave to withdraw pleas of guilty when offender desired to obtain benefit of Drug Court dealing with his matters - appeal by Crown lies from Drug Court to Court of Criminal Appeal as to initial sentences imposed under s 7 of the Drug Court Act - meaning of "sentence" in s 2 of Court of Criminal Appeal Act - meaning of dwelling house in s 112 of Crimes Act - does it include curtilage - Drug Court following impermissible procedure in not sentencing in accordance with Crimes (Sentencing Procedure) Act 1999 and fixing non-parole period on initial sentence - initial sentences manifestly inadequate - matters remitted to Drug Court for re-sentencing. Criminal Appeal Act 1912 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Legislation Amendment Bill LEGISLATION CITED : Drug Court Act 1998 Mental Health (Criminal Procedure) Act 1990 Stroud's Judicial Dictionary 1952 3rd ed Shorter Oxford English Dictionary 3rd ed Victims Compensation Act 1996 Johnson v The Queen [2004] 78 ALJR 616 at 618 & 624 Meissner v The Queen (1994-5) 184 CLR 132 at 134 R v Mill (1988) 166 CLR 59 R v Inns (1974) 60 Cr App R 231 at 233 CASES CITED : R v Pearce (1998) 194 CLR 610 R v Tolley [2004] CCA 165 at [2] R v Trindall (2002) 133 A Crim R 119 at 125-6 R v Toman [2004] NSWCCA 31 R v Uyrun [2004] NSWCCA 103 R v Way [2004] NSWCCA 131 PARTIES : Regina v Colin Ray Rice FILE NUMBER(S) : CCA 60201/04 COUNSEL : (C) D Woodburne (R) H Dhanji SOLICITORS : (C) S Kavanagh (R) S O'Connor