R v Sheen [2007] NSWCCA 45

Reported Decision: 170 A Crim R 533

New South Wales Court of Criminal Appeal

CITATION: R v Sheen [2007] NSWCCA 45

HEARING DATE(S): 22/2/07

JUDGMENT DATE: 16 March 2007

JUDGMENT OF: Sully J at 1; Bell J at 2; Hoeben J at 34

DECISION: 1. Grant leave to rely on grounds 1 and 2; 2. Allow the appeal and quash the conviction and sentence; 2. Direct a new trial on count 2; 3. Dismiss the Crown appeal.

CATCHWORDS: Criminal trial: Directions - "suffering or permitting" premises to be used for the manufacture of prohibited drugs

Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Criminal Appeal Act 1912 Drug Misuse and Trafficking Act 1985

R v Jasper [2003] NSWCCA 186; 139 A Crim R 329 CASES CITED: R v Lonie & Groom [1999] NSWCCA 319 R v Sanewski [1987] 1 Qd R 374

PARTIES: Alysha Sheen (Applicant) Regina (Respondent)

FILE NUMBER(S): CCA 2006/2072 (Crown Appeal); 2007/0070 (Conviction Appeal)

COUNSEL: W Dawe QC (Crown) S Walsh (Applicant/Respondent)

SOLICITORS: S Kavanagh J A Glynn (Applicant/Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 04/31/0306

LOWER COURT JUDICIAL OFFICER: Sweeney DCJ

IN THE COURT OF CRIMINAL APPEAL 2007/0070 (Conviction Appeal) 2006/2072 (Crown Appeal)

SULLY J BELL J HOEBEN J

Friday 16 March 2007 Regina v Alysha Sheen Judgment 1 SULLY J: I agree with Bell J. 2 BELL J: On 17 August 2006 Alysha Sheen was convicted at trial of the offence of knowingly take part in the manufacture of a prohibited drug (methylamphetamine) in an amount not less than the commercial quantity. She was sentenced in the District Court at Tamworth on 24 August 2006 to a non-parole period of 18 months' imprisonment with a balance of term of six months. This sentence was wholly suspended pursuant to s 12 of the Crimes (Sentencing Procedure) Act 1999 on condition she enter into a bond to be of good behaviour for two years. 3 Alysha Sheen appeals against conviction. The Crown appeals against sentence, asserting its manifest inadequacy. The two appeals were heard together. In view of the order I propose on the conviction appeal, it is not necessary to deal with the Crown appeal.