NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Regina v Brett Raymond Walker [2005] NSWCCA 109
HEARING DATE(S): 29 March 2005
JUDGMENT DATE: 31 March 2005
JUDGMENT OF: Giles JA at 1; Hoeben J at 2; Johnson J at 3
DECISION: 1. Leave to appeal granted; 2. Appeal dismissed.
CATCHWORDS: Sentencing - supplying prohibited drugs - whether impermissible use of prior criminal record as aggravating factor - appropriate sentence and non-parole period.
Drug Misuse and Trafficking Act 1985 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912
Veen v The Queen (No. 2) (1988) 164 CLR 465 R v Johnson [2004] NSWCCA 76 R v Wickham [2004] NSWCCA 193 CASES CITED: R v Shankley [2003] NSWCCA 253 R v Berg [2004] NSWCCA 300 Attorney General's Application under s.37 Crimes (Sentencing Procedure) Act 1999 (No. 1 of 2002) (2002) 56 NSWLR 146
Regina (Respondent) PARTIES: Brett Raymond Walker (Applicant)
FILE NUMBER(S): CCA 2004/3294
Mr C Smith (for the Applicant) COUNSEL: Mr G Rowling (for the Respondent)
Mr S E O'Connor (for the Applicant) SOLICITORS: Mr S Kavanagh (for the Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/31/0447
LOWER COURT JUDICIAL OFFICER: Coolahan DCJ
IN THE COURT OF CRIMINAL APPEAL 2004/3294
Giles JA Hoeben J Johnson J
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