Regina v Schumacher [2005] NSWCCA 335

New South Wales Court of Criminal Appeal

Regina v Schumacher [2005] NSWCCA 335 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 8 September 2005

JUDGMENT DATE: 22 September 2005

JUDGMENT OF: Grove J at 1; Hall J at 12; Smart AJ at 19

DECISION: Leave to appeal against sentence granted. Appeal against sentence dismissed

CATCHWORDS: Drug addict supplying prohibited drug (methylamphetamine) in small quantities - failure to remain drug free during remand - sentence not excessive

LEGISLATION CITED: Criminal Appeal Act 1912

Cameron v The Queen (2002) 209 CLR 339 R v Astill (No 2) (1992) 64 A Crim R 289 R v Cardoso (2003) 137 A Crim R 535 R v Cocking [1999] NSWCCA 311 CASES CITED: R v King [2004] NSWCCA 20 R v Penisi [2001] NSWCCA 326 R v Sharma (2003) 54 NSWLR 300 R v Thomson & Houlton (2000) 49 NSWLR 383

PARTIES: Regina v Kelly Louise Schumacher

FILE NUMBER(S): CCA 2005/1168

(A) G Bashir COUNSEL: (R) GIO Rowling

(A) S E O'Connor SOLICITORS: (R) S Kavanagh

LOWER COURT JURISDICTION:

LOWER COURT FILE NUMBER(S): 70208/03

LOWER COURT JUDICIAL OFFICER: Howie J

IN THE COURT OF CRIMINAL APPEAL 2005/1168

GROVE J HALL J SMART AJ Thursday, 22 September 2005 REGINA v KELLY LOUISE SCHUMACHER Judgment 1 GROVE J: I have the advantage of reading the judgment of Smart AJ in draft form and I gratefully adopt its content for the purpose of reference and to express the conclusion which I have reached which is different from that of his Honour.