Tennant v Regina [2006] NSWCCA 208

New South Wales Court of Criminal Appeal

CITATION: Tennant v Regina [2006] NSWCCA 208

HEARING DATE(S): 24 May 2006

JUDGMENT DATE: 10 July 2006

JUDGMENT OF: McClellan CJ at CL at 1; James J at 2; Hoeben J at 64

DECISION: Appeal against conviction dismissed

CATCHWORDS: Criminal law - counsels' addresses - defence counsel addressing first - separation of jury during retirement - no miscarriage of justice

LEGISLATION CITED: Drug Misuse and Trafficking Act Jury Act

CASES CITED: R v Locchi (1991) 22 NSWLR 309

PARTIES: Donna Maree Tennant Regina

FILE NUMBER(S): CCA 2006/80

COUNSEL: P. E. Barrett - Crown R. Cavanagh - Appellant

SOLICITORS: S. Kavanagh - Crown Nicholas Moier & Assoc. - Appellant

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 03/11/0528

LOWER COURT JUDICIAL OFFICER: Berman DCJ

LOWER COURT DATE OF DECISION: 10 February 2005

IN THE COURT OF CRIMINAL APPEAL 2006/80 CCAP

McCLELLAN CJ at CL JAMES J HOEBEN J

10 July 2006 Donna Maree TENNANT v REGINA Judgment 1 McCLELLAN CJ at CL I agree with James J. 2 JAMES J: Donna Maree Tennant appealed against her conviction after a trial in the District Court, on a charge that between 1 July 1999 and 24 September 2001 she knowingly took part in the supply of not less than a large commercial quantity of a prohibited drug, methylamphetamine, an offence under s 25(2) of the Drug Misuse and Trafficking Act. She did not apply for leave to appeal against the sentence of imprisonment which was imposed on her, following her conviction.