NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: HAINES v R [2008] NSWCCA 12
HEARING DATE(S): 11 December 2007
JUDGMENT DATE: 21 February 2008
JUDGMENT OF: Basten JA at 1; Barr J at 2; Adams J at 3
1. Leave to appeal is granted. DECISION: 2. The appeal in respect of the sentence imposed on charge 1 is dismissed. 3. The appeal in respect of the sentence imposed on charge 2 is allowed so far as the non-parole period is concerned; the non-parole period is varied to a period of two years and six months, so that it commences on 5 October 2006 and expires on 4 April 2009.
CATCHWORDS: Sentence appeal - Drug Court referral - initial sentence - failure to adjust for accumulation - no practical effect - sentence should still be corrected.
Crimes Act 1900 s 112(2) LEGISLATION CITED: Crimes (Administration of Sentences) Act 1999 s106D Drug Court Act 1998 s18B
CASES CITED : R v Fernando (1992) 76 A Crim R 58
PARTIES: Lloyd HAINES (Applicant) REGINA (Respondent)
FILE NUMBER(S): CCA 2007/2942
COUNSEL: Ms C Loukas (Applicant) Mr M Barr (Respondent)
SOLICITORS: Aboriginal Legal Service (NSW/ACT) Limited (Applicant) S Kavanagh (Solicitor for Public Prosecutions)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/11/0573
LOWER COURT JUDICIAL OFFICER: Goldring DCJ
IN THE COURT OF CRIMINAL APPEAL 2007/2942
BASTEN JA BARR J ADAMS J
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate