Regina v Charters [2004] NSWCCA 40

New South Wales Court of Criminal Appeal

CITATION : Regina v Charters [2004] NSWCCA 40 HEARING DATE(S) : 6 February 2004 JUDGMENT DATE : 6 February 2004

JUDGMENT OF : Dunford J at 1; Greg James J at 15 DECISION : Leave to appeal granted, appeal upheld, sentence quashed, applicant re-sentenced.

CATCHWORDS : Criminal Law - Sentencing - suspended sentence subject to bond - breach of bond - re-sentencing - limited to unexpired portion of original sentence. LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 ss 12(1), 50(1), 99 Drug Misuse and Trafficking Act 1986 s 25A CASES CITED : R v Hyde [2003] NSW CCA 154 PARTIES : Regina v Craig Charters FILE NUMBER(S) : CCA 60421/03 COUNSEL : A Francis (Crown) D C Frearson (Appellant) SOLICITORS : S E O'Connor (Crown) Legal Aid Commission (Appellant)

LOWER COURT District Court JURISDICTION : LOWER COURT 02/31/0114 FILE NUMBER(S) : LOWER COURT English DCJ JUDICIAL OFFICER :

- 1 - IN THE COURT OF CRIMINAL APPEAL 60421/03

DUNFORD J GREG JAMES J

FRIDAY 6 FEBRUARY 2004 REGINA v CRAIG CHARTERS Judgment 1 DUNFORD J: The applicant, Craig Charters, was sentenced by her Honour Judge English on 24 April 2003 in respect of a call-up for breaching a two year sentence imposed by her Honour on 7 June 2002 and partially suspended pursuant to s 12(1) of the Crimes (Sentencing Procedure) Act 1999.

2 The applicant had been sentenced for one offence of ongoing supply, prohibited drug to s 25A of the Drug Misuse and Trafficking Act 1986 contrary and had breached his suspended sentence by the commission of further offences.