R v Hunter [2010] NSWCCA 270

New South Wales Court of Criminal Appeal

CITATION: R v Hunter [2010] NSWCCA 270

HEARING DATE(S): 28 October 2010

JUDGMENT DATE: 23 November 2010

JUDGMENT OF: Handley AJA at 1; Adams J at 1; Howie AJ at 1

(i) Leave to appeal is granted; DECISION: (ii) the sentences imposed in the District Court are quashed; (iii) in lieu of the sentences imposed, the applicant is sentenced, in respect of each offence, taking into account on the first offence the matter in the Form 1 document, a fixed term commencing on 13 March 2009 and expiring 23 November 2010. The consequence is that the applicant is to be released immediately.

CATEGORY: Principal judgment

PARTIES: Tracey Lee Hunter (Applicant) Regina (Crown/Respondent)

FILE NUMBER(S): CCA 2009/8916

COUNSEL: C Loukas (Applicant) S Dowling (Crown/Respondent)

SOLICITORS: S E O'Connor, Legal Aid NSW (Applicant) S Kavanagh, Solicitor for Public Prosecutions (Crown/Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 2009/8916

LOWER COURT JUDICIAL OFFICER: McLoughlin SC DCJ

LOWER COURT DATE OF DECISION: 14 October 2009

IN THE COURT OF CRIMINAL APPEAL 2009/8916

HANDLEY AJA ADAMS J HOWIE AJ

TUESDAY, 23 NOVEMBER 2010

TRACEY LEE HUNTER v R

1 The Court makes the following orders –

(i) leave to appeal is granted;

(ii) the sentences imposed in the District Court are quashed; (iii) in lieu of the sentences imposed, the applicant is sentenced, in respect of each offence, taking into account on the first offence the matter in the Form 1 document, a fixed term commencing on 13 March 2009 and expiring 23 November 2010.