Adam Robert BELL v R [2007] NSWCCA 369

New South Wales Court of Criminal Appeal

CITATION: Adam Robert BELL v R [2007] NSWCCA 369

HEARING DATE(S): 7 December 2007 JUDGMENT OF: Tobias JA at 1; Hidden J at 2; Hulme J at 14

EX TEMPORE JUDGMENT DATE: 7 December 2007

DECISION: Appeal dismissed.

CATCHWORDS: CRIMINAL LAW: appeal from Drug Court sentences - extent of jurisdiction of Court of Criminal Appeal

Drug Court Act 1998 LEGISLATION CITED: Criminal Appeal Act 1912 Crimes (Sentencing Procedure) Act 1999

PARTIES: Adam Robert BELL (Applicant) REGINA (Respondent)

FILE NUMBER(S): CCA 2007/2915

COUNSEL: Self represented (Applicant) M Barr (Respondent)

SOLICITORS: Self represented (Applicant) Solicitor for Public Prosecutions (Respondent)

LOWER COURT JURISDICTION: Drug Court

LOWER COURT FILE NUMBER(S): 2006/0084

LOWER COURT JUDICIAL OFFICER: Barnett DCJ

IN THE COURT OF CRIMINAL APPEAL 2007/2915

TOBIAS JA HULME J HIDDEN J

Friday 7 December 2007 Adam Robert BELL v Regina Judgment 1 TOBIAS JA: I will ask Hidden J to deliver the first judgment. 2 HIDDEN J: The applicant, Adam Bell, appears in this Court unrepresented. He has appealed against sentences imposed upon him by his Honour Judge Barnett sitting in the Drug Court on 2 March 2007. He had earlier appeared before Judge Dive of that court, having been referred to the court under s6 of the Drug Court Act in respect of a number of offences. 3 On 15 May 2006 Judge Dive, exercising the power under Pt 2 of that Act, passed sentences which he suspended and the applicant entered the Drug Court Program. Unfortunately, he was not successful in his compliance with that program and committed further offences. On 12 December 2006 Judge Dive terminated his participation in the program.