HOCKEY v REGINA [2006] NSWCCA 146

New South Wales Court of Criminal Appeal

CITATION: HOCKEY v REGINA [2006] NSWCCA 146

HEARING DATE(S): 17 October 2005

JUDGMENT DATE: 8 May 2006

JUDGMENT OF: McClellan CJ at CL at 1; Adams J at 2; Johnson J at 24

DECISION: Leave to appeal granted; appeal dismissed

CATCHWORDS: Sentence appeal - drug dealing - significance of subjective factors - whether users of drugs are "victims" within s 21A(2) of Crimes (Sentencing Procedure) Act 1999 - whether drug dealing "committed without regard to public safety" within s 21A(2)(i) - potential for double counting - appeal dismissed

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s 21A

R v Close (1993) 65 A Crim R 55 CASES CITED: R v Tadrosse [2005] NSWCCA 145 R v Way (2004) 60 NSWLR 168

Rachael Jane HOCKEY (Appellant)

PARTIES: v

Regina (Respondent)

FILE NUMBER(S): CCA 2005/593

COUNSEL: S Odgers SC (Appellant) D Frearson SC (Crown)

SOLICITORS: Baker Deane & Nutt (Appellant) S Kavanagh (Crown)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 04/41/0090

LOWER COURT JUDICIAL OFFICER: Phelan DCJ

LOWER COURT DATE OF DECISION: 10/27/2004

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF CRIMINAL APPEAL 2005/593

McCLELLAN CJ at CL ADAMS J JOHNSON J

8 May 2006 Rachael Jane HOCKEY v REGINA Judgment

1 McCLELLAN CJ at CL: I agree with the orders proposed by Adams J and generally with his reasons. I understand his Honour's remarks with respect to s 21A(2)(g) and (m) but the matters which his Honour raises were not argued and I would prefer to leave any resolution of those problems until an appropriate occasion.