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. The consequence is that the applicant is to be released immediately. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.