NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Jamie Peter DOLMAN v R [2010] NSWCCA 137
HEARING DATE(S): 11 December 2009
JUDGMENT DATE: 30 July 2010
JUDGMENT OF: McClellan CJatCL at 1; Hidden J at 2; Johnson J at 27
DECISION: Leave to appeal granted, appeal allowed. Sentence for ongoing supply of prohibited drug quashed. In lieu, taking into account the matters on the Form 1, applicant sentenced to a non-parole period of 1 year and 9 months, to commence on 16 September 2009 and to expire on 15 June 2011, and a balance of term of 1 year and 3 months, to commence on 16 June 2011 and to expire on 15 September 2012.
CATCHWORDS: CRIMINAL LAW - application for leave to appeal against sentence - ongoing supply of methylamphetamine - Form 1 matters - sentence accumulated upon sentence following revocation of s 12 bond - error in manner in which head sentence arrived at - special circumstances arising from accumulation
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985
CATEGORY: Principal judgment
R v Tobar [2004] NSWCCA 391, 150 A Crim R 104 CASES CITED : R v Suaalii [2005] NSWCCA 206 R v Mauai [2005] NSWCCA 207 R v Clarke [2009] NSWCCA 49
PARTIES: Jamie Peter DOLMAN (Applicant) REGINA (Respondent Crown)
FILE NUMBER(S): CCA 2008/12740
COUNSEL: M Johnston (Applicant) V Lydiard (Respondent Crown)
SOLICITORS: S O'Connor (Legal Aid Commission) (Applicant) S Kavanagh (Solicitor for Public Prosecutions) (Resondent Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2006/12740
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