Du Randt v R [2008] NSWCCA 121

New South Wales Court of Criminal Appeal

CITATION: Du Randt v R [2008] NSWCCA 121 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 23 April 2008

JUDGMENT DATE: 30 May 2008

JUDGMENT OF: Basten JA at 1; Barr J at 5; Buddin J at 59

DECISION: The applicant is granted leave to appeal. The sentence appealed from is quashed and there is substituted a sentence of imprisonment of two years and six months. The sentence is to be taken to have commenced on 28 September 2007 and will expire on 27 March 2010. Direct that the applicant be released on 27 March 2009 on a Recognisance Release Order self in the sum of $100.

CATCHWORDS: CRIMINAL LAW - application for leave to appeal against severity of sentence - dealing in money that was proceeds of crime - whether trial judge gave adequate consideration to mental health of applicant at the time of the offence

Criminal Code Act 1995 (Commonwealth) s400.4(2) LEGISLATION CITED: Crimes Act 1914 (Commonwealth) ss16A, 17A, 20BV Mental Health Act 2007 Criminal Appeal Act 1912 s6(3)

Leach v R [2008] NSWCCA 73 CASES CITED : R v Verdins [2007] VSCA 102 R v Israil [2002] NSWCCA 255

PARTIES: Amelia Du Randt Regina

FILE NUMBER(S): CCA 2007/4550

COUNSEL: Greg Walsh (solicitor) (Appellant) Mr Staehli SC (Crown)

SOLICITORS: Greg Walsh Barristers and Solicitors (Appellant) Commonwealth Director of Public Prosecutions (Crown)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 07/11/0314

LOWER COURT JUDICIAL OFFICER: Sorby DCJ