R v Uyrun [2004] NSWCCA 103

New South Wales Court of Criminal Appeal

CITATION : R v Uyrun [2004] NSWCCA 103 HEARING DATE(S) : 13 April 2004 JUDGMENT DATE : 16 April 2004

JUDGMENT OF : Wood CJ at CL at 1; Sperling J at 1; Hislop J at 1 DECISION : See paragraph 2 of the judgment.

CATCHWORDS : Criminal law - Crown appeal - against "final" sentences and an additional sentence imposed by the Drug Court of NSW - no question or principle LEGISLATION CITED : Drug Court Act 1998, s12 CASES CITED : Toman [2004] NSWCCA 31 Wall [2002] NSWCCA 42 PARTIES : Regina Mustafa Uyrun FILE NUMBER(S) : CCA 60030/03 COUNSEL : Mr D Frearson for the Crown Mr H Dhanji for the Respondent SOLICITORS : Director of Public Prosecutions Legal Aid Commission of NSW for the Respondent

LOWER COURT Drug Court JURISDICTION : LOWER COURT 2002/0232 FILE NUMBER(S) : LOWER COURT Barnett DCJ JUDICIAL OFFICER :

- 12 - THE COURT OF CRIMINAL APPEAL 60030/03

Wood CJ at CL Sperling J Hislop J

Friday, 16 April 2004 Regina v Mustafa Uyrun Judgment 1 The Court: This appeal came on for hearing on 13 April 2004. The Crown appealed against sentences imposed on the respondent in the Drug Court of New South Wales by Barnett DCJ on 20 November 2003. 2 The Court was of the opinion that the appeal should be dismissed. Because the respondent was due to be released from prison on 14 April 2004 under the sentences as imposed at first instance, we made orders dismissing the appeal and directing that the respondent be released from prison on that date. Our reasons for that decision follow. 3 In relation to 12 offences, committed on nine separate occasions, the effective sentence was two years and two months with a non-parole period of eight months. The offences consisted of nine property offences and two offences of possessing a prohibited drug. Additionally, a fine of $100 was confirmed for one offence of giving a false name.