Bugden; Halper v R [2015] NSWDC 346

District Court New South Wales

Medium Neutral Citation: Bugden; Halper v R [2015] NSWDC 346 Hearing dates: 19 August 2015 Date of orders: 19 August 2015 Decision date: 21 August 2015 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: Appeals allowed. In each case, without proceeding to conviction, the offender is found guilty and directed to enter into a good behaviour bond for 6 months under s 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW). Catchwords: CRIMINAL LAW – appeals against sentence – particular offence – drive with illicit drug present in system – cannabis – passage of time between engaging in drug use and driving – clear intention of Parliament – warning to community Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 10(1)(b) Road Transport Act 2013 (NSW), s 111(1)(a) Texts Cited: New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 19 September 2006, 1854 Category: Principal judgment Parties: Regina (Respondent) Beau Bugden (Appellant) Klaus Halper (Appellant) Representation: Solicitors: B Page, Office of the Director of Public Prosecutions (NSW) (Respondent) I Chiumento, Eden Legal and Conveyancing (Appellants) File Number(s): 2015/153383; 2015/146561 Decision under appeal Court or tribunal: Local Court Jurisdiction: Criminal Date of Decision: 14 July 2015 Before: Dick LCM File Number(s): 2015/153383; 2015/146561