R v Smith [2005] NSWCCA 236

New South Wales Court of Criminal Appeal

CITATION: R v Smith [2005] NSWCCA 236

HEARING DATE(S): 7 June 2005

JUDGMENT DATE: 7 June 2005

JUDGMENT OF: Studdert J at 1; James J at 7; Howie J at 8

DECISION: Appeal allowed; the order made by her Honour in the Penrith District Court on 7 March 2005 is quashed; pursuant to s 12(2) of the Criminal Appeal Act the sentencing proceedings are returned to the District Court of New South Wales.

LEGISLATION CITED: Crimes (Sentencing Procedure) Act, ss 11, 12

CASES CITED: R v Palu (2002) 134 A Crim R 174

PARTIES: Regina v Wayne Daniel Smith

FILE NUMBER(S): CCA 2005/531

G. Rowling (Crown) COUNSEL: C. Craigie SC (Appellant)

S. Kavanagh (Crown) SOLICITORS: S.E. O'Connor (Appellant)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 05/21/1018

LOWER COURT JUDICIAL OFFICER: English DCJ

IN THE COURT OF CRIMINAL APPEAL 2005/531

STUDDERT J JAMES J HOWIE J

Tuesday 7 June 2005 REGINA v WAYNE DANIEL SMITH Judgment 1 STUDDERT J: The respondent, Wayne Daniel Smith, pleaded guilty before her Honour Judge English to the offence of break and enter a building and commit a serious indictable offence. The respondent was convicted and the matter was adjourned pursuant to s 11 of the Crimes (Sentencing Procedure) Act until 16 December 2005 on conditions that:

1. the applicant reside at the William Booth Institute at Surry Hills;

2. that he submit to random urinalysis as and when required;