McCarry v R [2015] NSWDC 209

District Court New South Wales

Medium Neutral Citation: McCarry v R [2015] NSWDC 209 Decision date: 09 June 2015 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: (1) Leave granted to the appellant to withdraw his appeals in respect of counts 1, 2, 3 and 5. (2) The offender is disqualified from driving for a period of 2 years. (3) Adjourned, part heard, to Friday 7 August 2015 at 10am. Catchwords: CRIMINAL LAW – appeal against sentence – particular offences – possess prohibited drugs – dangerous driving – relevant factors - prior criminality – extensive criminal record – prospects of rehabilitation – ambivalent regarding rehabilitation – rehabilitation critical to avoiding future offending behaviour – protection of the community – adjournment pending availability of rehabilitation facility Legislation Cited: Crimes Act 1900 (NSW), s 51B(1) Crimes (Appeal and Review) Act 2001, s 20 Crimes (Sentencing Procedure) Act 1999, s 50 Category: Principal judgment Parties: Jonathan Richard McCarry (Appellant) Regina (Respondent) Representation: Solicitors: R Whyte, Tasdemir Lawyers (Appellant) A Baker, Office of the Director of Public Prosecutions NSW (Respondent) File Number(s): 2015/046500; 2015/039277; 2015/039278 Decision under appeal Court or tribunal: Local Court Jurisdiction: Criminal Date of Decision: 09 April 2015 Before: McCosker LCM File Number(s): 2015/046500; 2015/039277; 2015/039278