NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Rawlings v Regina [2006] NSWCCA 84 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 24/03/06
JUDGMENT DATE: 19 May 2006
JUDGMENT OF: Hidden J at 1; Kirby J at 2; Hislop J at 45
DECISION: (1) Leave to appeal given and the appeal allowed; (2) The sentences on counts 1, 2 and 3 confirmed; (3) The sentence on counts 4, 5 and 6 quashed and, in lieu thereof, the applicant is sentenced in respect of each count to a fixed term of imprisonment of 2 years to commence on 17 September 2007 and expire on 16 September 2009.
CATCHWORDS: Criminal Practice & Procedure - relevance of character in context serious drug offence - special circumstances - whether parole period reflects finding of special circumstances.
Drug Misuse and Trafficking Act 1985 LEGISLATION CITED: Mental Health (Criminal Procedure) Act 1990 Crimes (Sentencing Procedure) Act 1999
Ryan v The Queen (2001) 206 CLR 267 R v Leroy (1984) 13 A Crim R 469 CASES CITED: R v Kennedy [2000] NSWCCA 527 Pearce v The Queen (1998) 194 CLR 610 Bushara v R [2006] NSWCCA 8
PARTIES: Katrina Margaret Rawlings (Appl) Regina (Resp)
FILE NUMBER(S): CCA 2005/2097
COUNSEL: C Davenport SC (Appl) L Lamprati SC - Crown (Resp)
SOLICITORS: S Calomeris - LAC (Appl) S Kavanagh - DPP (Resp)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/21/3136
LOWER COURT JUDICIAL OFFICER: Marien DCJ
LOWER COURT DATE OF DECISION: 24/03/2006
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