NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Reed v Regina [2007] NSWCCA 4 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 22nd January 2007
JUDGMENT DATE: 22 January 2007
JUDGMENT OF: Adams J at 1; Howie J at 2; Price J at 3
EX TEMPORE JUDGMENT DATE: 22 January 2007
DECISION: (i) Leave to appeal be granted (ii) Quash the non-parole period imposed by O'Connor DCJ (iii) Sentence the applicant to imprisonment for a non-parole period of six months to date from 28 June 2006 and expire on 27 December 2006 with a balance of term of 12 months expiring on 27 December 2007. The term of imprisonment is to be served by way of periodic detention.
CATCHWORDS: Criminal Law - appeal against severity of sentence - sentence of imprisonment to be served by periodic detention - pre sentence custody and quasi custody - approach to sentence - parity
Drug Misuse and Trafficking Act 1985 s 25, 25A(1) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s 3A s 70 Criminal Appeal Act 1912 s 6(3)
Douar v R 159 A Crim R 154 Lowe v The Queen (1985) 154 CLR 606 Postiglione v The Queen (1997) 189 CLR 295 R v CBK [2002] NSWCCA 457 CASES CITED: R v Ilbay [2000] NSWCCA 251 R v Khaled [2001] NSWCCA 160 R v Kollas & Mitchell [2002] NSWCCA 491 R v Stephen [2003] NSWCCA 377 R v Wegener [1999] NSWCCA 405
PARTIES: Leisa Reed Regina
FILE NUMBER(S): CCA 2006/2454
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