NSW Caselaw
Reported Decision: 168 A Crim R 545
New South Wales Court of Criminal Appeal
CITATION: Ward v R [2007] NSWCCA 22 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 16/01/2007
JUDGMENT DATE: 12 February 2007
JUDGMENT OF: Adams J at 1; Howie J at 27; Price J at 30
DECISION: 1. Leave to appeal against sentence be granted; 2. In respect of counts 2 and 3 the sentences are quashed and substituted therefore in respect of each count a sentence comprising a non-parole period of one year and six months' imprisonment commencing on 24 February 2007 and expiring on 23 August 2008 with a balance of term of one year and six months expiring 23 February 2010. The earliest date upon which the applicant will be eligible for release on parole is 23 August 2008.
CATCHWORDS: sentence appeal - supply of amphetamines and cannabis - whether additional aggravating factor of disregarding public safety under s25A(2)(i) Crimes (Sentencing Procedure) Act 1999 should be taken into account - whether disregarding public safety inherent feature of offence - need to avoid double counting
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999
Elyard v. The Queen [2006] NSWCCA R v Ancuta [2005] NSWCCA 275 CASES CITED: R v Aslan [2005] NSWCCA 121 R v Burke [2002] NSWCCA 353 R v Olbrich (1998) 45 NSWLR 538 R v Way (2004) 60 NSWLR 168
PARTIES: Clinton Rex WARD REGINA
FILE NUMBER(S): CCA 2006/2190
COUNSEL: Crown: Ms J Girdham Applicant: Mr A P Cook
SOLICITORS: Crown: Director of Public Prosecutions Applicant: Legal Aid Commission of New South Wales
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