NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Scott v R [2010] NSWCCA 103
HEARING DATE(S): 19 May 2010
JUDGMENT DATE: 25 May 2010
JUDGMENT OF: Allsop P at 1; Grove J at 2; Hislop J at 3
DECISION: (1) Grant leave to appeal; (2) Quash the sentence on the indictment; (3) In lieu thereof, sentence the applicant to imprisonment for a non parole period of one year three months commencing on 4 May 2009 and expiring on 3 August 2010 with a balance of term of five months expiring on 3 January 2011; (4) Direct the release of the applicant on parole at the end of the non parole period, being 3 August 2010.
CATCHWORDS: CRIMINAL LAW - sentence appeal - drug offence - availability of sentence other than full time custody.
Drug Misuse and Trafficking Act 1985 LEGISLATION CITED: Criminal Procedure Act 1986 Crimes (Sentencing Procedure) Act 1999
R v Simpson [2001] NSWCCA 534; (2001) 53 NSWLR 704 Clarke v R [2009] NSWCCA 49 CASES CITED : R v Gu [2006] NSWCCA 104 R v Gip [2006] NSWCCA 115; (2006) 161 A Crim R 173 R v Pilley (1991) 56 A Crim R 202 R v Cacciola (1998) 104 A Crim R 178
PARTIES: David Stephen SCOTT v R
FILE NUMBER(S): CCA 2008/9451
COUNSEL: B. Rigg (Applicant) F. Veltro (Respondent)
SOLICITORS: Legal Aid Commission (Applicant) Solicitor for Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2008/9451
LOWER COURT JUDICIAL OFFICER: Woods ADCJ
LOWER COURT DATE OF DECISION: 4 May 2009
IN THE COURT OF CRIMINAL APPEAL 2008/9451
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