NSW Caselaw
Reported Decision : 144 A Crim R 171
New South Wales Court of Criminal Appeal
CITATION : Regina v Toman [2004] NSWCCA 31 HEARING DATE(S) : Friday 6 February 2004 JUDGMENT DATE : 27 February 2004
JUDGMENT OF : Grove J at 1; Sully J at 56; Bell J at 57 DECISION : Appeal dismissed
CATCHWORDS : CRIMINAL LAW & PROCEDURE - CROWN APPEAL - DUAL EXERCISE BY JUDGE OF DRUG COURT AND DISTRICT COURT JURISDICTION - CONSTITUTION OF COURT TO HEAR CROWN APPEAL FROM DRUG COURT - OBSERVATIONS ON CONSTITUTION OF COURT DIFFERING ON APPEAL AGAINST FINAL SENTENCE IN DRUG COURT BROUGHT BY CROWN FROM APPEAL BROUGHT BY OFFENDER - "INITIAL" AND "FINAL" SENTENCES PURSUANT TO DRUG COURT ACT - STATUTORY LIMITATION ON INCREASE OF INITIAL SENTENCE WHEN IMPOSING FINAL SENTENCE - ALLEGED INADEQUACY OF SENTENCE - SOME IMPOSITION SUBJECT TO DRUG COURT ACT RESTRICTION OTHER NOT SO SUBJECT - APPROACH TO SENTENCE IN THOSE CIRCUMSTANCES DISCUSSED - CIRCUMSTANCES OF OFFENDER AND OFFENCES - DISCRETION TO DISMISS CROWN APPEAL LEGISLATION CITED : Criminal Appeal Act 1912 Drug Court Act 1998 PARTIES : Regina v William John Toman FILE NUMBER(S) : CCA 60294/03 COUNSEL : M. Grogan (Crown/Applicant) P. Hamill (Respondent) SOLICITORS : S.E. O'Connor (Public Prosecutions) Steve O'Connor (Legal Aid)
LOWER COURT Drug Court/District Court JURISDICTION : LOWER COURT 2002/0244 FILE NUMBER(S) : LOWER COURT Barnett DCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL 60294/03
GROVE J SULLY J BELL J
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