NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Brown v Regina; Reid v Regina [2006] NSWCCA 144
HEARING DATE(S): 21/04/06
JUDGMENT DATE: 21 April 2006
JUDGMENT OF: Hodgson JA at 1; James J at 7; Hoeben J at 63
EX TEMPORE JUDGMENT DATE: 04/21/2006
DECISION: Leave to appeal granted. Appeals allowed. Sentences below quashed. Applicants re-sentenced
CATCHWORDS: CRIMINAL LAW – SENTENCE – guilty pleas - supplying a prohibited drug on an ongoing basis - supplying a prohibited drug - goods in custody (for applicant Brown only) – both applicants assessed as suitable for Magistrates Early Referral Into Treatment (MERIT) programme - common ground of appeal that sentencing judge erred in not giving consideration to whether the execution of any sentences of imprisonment should be suspended pursuant to s 12 of the Crimes (Sentencing Procedure) Act
LEGISLATION CITED: Crimes (Sentencing Procedure) Act Drug Misuse and Trafficking Act
CASES CITED: Douar v Regina [2005] NSWCCA 455 Zamagias v R [2002] NSWCCA 17
PARTIES: Joanne Maree BROWN v REGINA Hadley James REID v REGINA
FILE NUMBER(S): CCA 2006/760; 2006/817
G Rowling - Crown R Burgess - Applicant - Brown COUNSEL: G Rowling - Crown H Cox - Applicant - Reid
S Kavanagh - Solicitor for Public Prosecutions Steve O'Connor - Applicant - Brown SOLICITORS: S Kavanagh - Solicitor for Public Prosecutions N Velcic & Associates - Applicant - Reid
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/41/0092
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