NSW Caselaw
Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Michael v Regina [2011] NSWCCA 122 Hearing dates: 27 May 2011 Decision date: 06 June 2011 Before: Macfarlan JA at 1 Johnson J at 2 Garling J at 3 Decision: (1) Appeal allowed. (2) Sentence of Finnane DCJ of 11 June 2010 quashed. (3) In lieu, the applicant is sentenced as follows: (a) Non-parole period of 15 months commencing on 10 March 2010 which was the date the applicant was taken into custody, and expiring on 9 June 2011; (b) A balance of term of 15 months commencing on 10 June 2011 and expiring on 9 September 2012; (c) The applicant is to be released on parole on 9 June 2011. Catchwords: CRIMINAL LAW - Supply of prohibited drug - Sentencing Appeal - Whether sentencing discretion fettered in assessment of isolated act of supply - Whether sentencing judge erred in not accepting applicant drug user prior to arrest - No appellable error in finding of fact by sentencing judge - Error in giving no weight to the conclusion of two expert reports about ongoing psychological management - Sentence quashed and resentenced Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Criminal Procedure Act 1986 Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Baxter v Regina [2007] NSWCCA 237 Dinsdale v The Queen (2000) 202 CLR 321 Furia v Regina [2010] NSWCCA 326 R v Bardo, unreported, NSWCCA (14 July 1992) R v Clark, unreported, NSWCCA (15 March 1990) R v Gip (2006) 161 A Crim R 173 R v Gu [2006] NSWCCA 104 R v Ozer, unreported, NSWCCA (9 November 1993) Scott v R [2010] NSWCCA 103 Category: Principal judgment Parties: Glenn David Michael (Applicant) Crown (Respondent) Representation: Counsel: D. Barrow (Applicant) J. Girdham (Respondent) Solicitors: Legal Aid NSW (Applicant) Department of Public Prosecution (Respondent) File Number(s): 2008/067556 Decision under appeal Jurisdiction: 9101 Citation: R v Glenn David Michael Date of Decision: 2010-06-11 00:00:00 Before: Finnane DCJ File Number(s): 2008/67556
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