Boney v R [2015] NSWCCA 291

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Boney v R [2015] NSWCCA 291 Hearing dates: 19 November 2015 Date of orders: 27 November 2015 Decision date: 27 November 2015 Before: Gleeson JA [1]; Bellew J [2]; RS Hulme AJ [3] Decision: (i) Grant leave to appeal; (ii) Dismiss the appeal; (iii) Confirm the sentence imposed by Colefax DCJ on 6 February 2015; (iv) Refer the Applicant to the Drug Court to determine whether the Applicant should be the subject of a compulsory drug treatment order. Catchwords: CRIMINAL LAW – appeal – sentence not manifestly excessive – objective seriousness – referral to Drug Court – drug treatment order Legislation Cited: Mental Health Act 2007 (NSW) Drug Court Act 1998 Criminal Appeal Act 1916 Cases Cited: Muldrock v The Queen [2011] HCA 39; 244 CLR 120 Category: Principal judgment Parties: Regina Jimmaley Boney Representation: Counsel: H Baker (Crown) P Coady (Applicant)

Solicitors: Solicitor for Director of Public Prosecutions Legal Aid (NSW) File Number(s): 2013/311717 Publication restriction: No Decision under appeal Court or tribunal: District Court NSW Jurisdiction: Criminal Date of Decision: 06 February 2015 Before: Colefax DCJ File Number(s): 2013/311717