Remington v R [2018] NSWCCA 98

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Remington v R [2018] NSWCCA 98 Hearing dates: 12 March 2018 Date of orders: 12 March 2018 Decision date: 28 May 2018 Before: Bathurst CJ at [1]; Fullerton J at [2]; Campbell J at [35] Decision: 1. Leave to appeal granted.

2. The appeal is allowed.

3. The sentences imposed in the District Court at Nowra on 16 August 2017 are quashed and in lieu the following sentence are imposed:

(a) On the charge of supplying a prohibited drug, being 12.94 grams of methamphetamine contrary to s 25(1) of the Drug Misuse and Trafficking Act, imprisonment for 12 months to date from 16 August 2017 with a non-parole period of 6 months expiring on 15 February 2018. During the currency of her parole period, the Court recommends the applicant:

(i) Accept the supervision of Community Corrections Officers (Probation and Parole) and, if they consider it appropriate, and on condition of her being assessed as suitable, to resume participation in the OnTRACC (Transition, Reintegration and Community Connection) program; and

(ii) Abide by any direction or recommendation made by ACSO as to participation in a rehabilitation course from 1 May 2018 to 15 August 2018.

(b) On the charge of supplying a prohibited drug, being 1.62 grams of methamphetamine contrary to the same Act, a fixed term of imprisonment of 2 months to date from 16 August 2017.

(c) On the charge of supplying a prohibited drug being 1.86 grams of buprenorphine contrary to the same Act, a fixed term of imprisonment for 2 months to date from 16 August 2017.