NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Smith v Regina [2009] NSWCCA 253
HEARING DATE(S): 10 September 2009
JUDGMENT DATE: 2 October 2009
JUDGMENT OF: Macfarlan JA at 1; Howie J at 2; Hislop J at 3
(i) Extension of time in which to seek leave to appeal against sentence granted. DECISION: (ii) Leave to appeal granted. (iii) Appeal dismissed.
CATCHWORDS: CRIMINAL LAW - application for leave to appeal against sentence - parity of sentence - weight to be given to difference between subjective case of applicant and co-offender
LEGISLATION CITED: Drug Misuse and Trafficking Act 1985, ss 25(1), 25A
CATEGORY: Principal judgment
Lowe v R (1984) 154 CLR 606 CASES CITED : Postiglione v R (1997) 189 CLR 295 R v Bridges (unreported NSWCCA 15 December 1995) R v Steel (unreported NSWCCA 17 April 1997)
PARTIES: Sarah Jane SMITH (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2008/14169
COUNSEL: A Francis (Applicant) S Dowling (Respondent)
SOLICITORS: Legal Aid Commission (Applicant) Solicitor for Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2008/141469
LOWER COURT JUDICIAL OFFICER: Garling DCJ
LOWER COURT DATE OF DECISION: 14 November 2008
- 1 - IN THE COURT OF CRIMINAL APPEAL 2008/14169
MACFARLAN JA HOWIE J HISLOP J
2 October 2009 Sarah Jane SMITH v REGINA Judgment
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