REGINA v Wayne Raymond MOULE [2003] NSWCCA 29

New South Wales Court of Criminal Appeal

CITATION : REGINA v Wayne Raymond MOULE [2003] NSWCCA 29 HEARING DATE(S) : 24/2/03 JUDGMENT DATE : 28 February 2003

JUDGMENT OF : Bell J at 1 DECISION : Appeal dismissed

Crimes Act 1900 Criminal Appeal Act 1912 LEGISLATION CITED : Drug Court Act 1998 Drug Misuse and Trafficking Act 1985 Poisons and Therapeutic Goods Act 1966 Lowe v The Queen (1984) 154 CLR 606 CASES CITED : R v Alexander (2000) 118 A Crim R 350 R v Readman (1990) 47 A Crim R 181 PARTIES : Regina Wayne Raymond MOULE (Applicant) FILE NUMBER(S) : CCA 60495/02 COUNSEL : RA Hulme SC (Crown) No appearance by unrepresented applicant SOLICITORS : SE O'Connor No appearance by unrepresented applicant

LOWER COURT District Court JURISDICTION : LOWER COURT 2001/0106 FILE NUMBER(S) : LOWER COURT Milson DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60495/02

BELL J

Friday 28 February 2003 REGINA v Wayne Raymond MOULE Judgment 1 BELL J: This is an appeal brought pursuant to s 5AF and s 5AA of the Criminal Appeal Act 1912 against sentences imposed upon the appellant in the Drug Court on 19 June 2002. 2 Appeals brought pursuant to s 5AF of the Criminal Appeal Act are heard by a single judge of the Supreme Court exercising the power of the Court of Criminal Appeal to hear and determine appeals under the section. The nature of these appeals was discussed by Whealy J in R v Alexander (2000) 118 A Crim R 350.