NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Kerr v Regina [2008] NSWCCA 133
HEARING DATE(S): 15 May 2008
JUDGMENT DATE: 12 June 2008
JUDGMENT OF: Beazley JA at 1; Johnson J at 2; McCallum J at 3
DECISION: I note the abandonment of appeal against conviction. Leave to appeal against sentence granted, but appeal dismissed.
CATCHWORDS: CRIMINAL LAW - multiple offences - SENTENCING - pleas of guilty - Drug Court Programme - where jurisdictional maximum imposed
Criminal Appeal Act 1912 LEGISLATION CITED: Criminal Procedure Act 1986 Drug Court Act 1998
CATEGORY: Principal judgment
AJO v Regina [2008] NSWCCA 28 Kerr v Regina [2008] NSWCCA 44 CASES CITED : Pearce v The Queen (1998) 194 CLR 610 R v Doan (2000) 50 NSWLR 115 R v El Masri [2005] NSWCCA 167 Re Attorney-General's application (No 2 of 2002) (2002) 137 A Crim R 196
PARTIES: Michael Kerr (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2007/3096
COUNSEL: In person (Appellant) Mr P Miller (Respondent)
SOLICITORS: S C Kavanagh (Respondent)
LOWER COURT JURISDICTION: Drug Court of New South Wales
LOWER COURT FILE NUMBER(S): 2007/0017
LOWER COURT JUDICIAL OFFICER: Senior Judge Dive (initial sentence); Judge Barnett (final sentence)
LOWER COURT DATE OF DECISION: 7 March 2007 (initial sentence); 15 June 2007 (final sentence)
- 1 - IN THE COURT OF CRIMINAL APPEAL CCA No. 2007/3096
Beazley JA, Johnson J, McCallum J
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