NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Regina v Kevin Leslie ALCHIN [2005] NSWCCA 111
HEARING DATE(S): 31 March 2005
JUDGMENT DATE: 31 March 2005
JUDGMENT OF: Giles JA at 1; Hoeben J at 31; Johnson J at 32
DECISION: (1) Leave to appeal granted as to the sentence on count 1 in the indictment; (2) Leave to appeal as to the sentence on count 2 in the indictment refused; (3) Appeal allowed and the sentence quashed; (4) Sentence on count 1 on the Form 1 to imprisonment comprising a non-parole period of 3 years 9 months commencing on 18 May 2004 and to expire on 17 February 2008 and a balance of the term of 1 year 9 months commencing on 18 February 2008 and to expire on 17 November 2009.
CATCHWORDS: Supply of prohibited drug - common mistake that standard non-parole regime applied - error and need to re-sentence - possible error in regard paid to offences on Form 1 - offender re-sentenced.
Attorney General's Application under Section 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146; R v Clarke, CCA, 15 March 1990, unreported; CASES CITED: R v Ohar [2004] NSWCCA 83; R v Way (2004) 60 NSWLR 168.
PARTIES: Regina v Kevin Leslie ALCHIN
FILE NUMBER(S): CCA 2004/3299
D Woodburne - Crown COUNSEL: R Hulme SC - Appellant
S Kavanagh - Crown SOLICITORS: S E O'Connor - Appellant
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 04/11/0001
LOWER COURT JUDICIAL OFFICER: Freeman DCJ
IN THE COURT OF CRIMINAL APPEAL CCA 2004/3299 DC 04/11/0001
GILES JA HOEBEN J JOHNSON J
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