NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : R v Moss [2004] NSWCCA 422 HEARING DATE(S) : 16/11/2004 JUDGMENT DATE : 2 December 2004
JUDGMENT OF : Sully J at 1; Hidden J at 11; Howie J at 32 DECISION : Leave to appeal granted; appeal dismissed by majority.
CATCHWORDS : CRIMINAL LAW: - application for leave to appeal against sentence - supply methyl amphetamine - fresh evidence - applicant pregnant at time of sentence - administrative arrangements for care of new born child while in custody - change in circumstances of three existing children - whether pregnancy relevant to sentence - whether hardship to other children relevant to sentence LEGISLATION CITED : Drug Misuse and Trafficking Act Criminal Appeal Act R v O'Dea [2002] NSWCCA 91 R v Ihm & Ors (CCA unreported 9 November 1993) CASES CITED : R v Goodwin (1990) 51 ACrim R 328 R v Clarke [2000] NSWCCA 160 R v Niga (CCA unreported 13 April 1994) R v Tiki (CCA unreported 24 August 1994) PARTIES : Regina (respondent) Tina Maree Moss (applicant) FILE NUMBER(S) : CCA 2004/2530 CCAP COUNSEL : C Smith (applicant) G Rowling (Crown) SOLICITORS : Peninsula Law (applicant) Solicitor for Public Prosecutions (respondent)
LOWER COURT District Court JURISDICTION : LOWER COURT 03/31/0379 FILE NUMBER(S) : LOWER COURT Nicholson DCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL 2004/2530
SULLY J HIDDEN J HOWIE J
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