R v Hunter

[2010] NSWCCA 270

New South Wales
Court of Criminal Appeal

CITATION:	R v Hunter [2010] NSWCCA 270
HEARING DATE(S):	28 October 2010
JUDGMENT DATE:	23 November 2010
JUDGMENT OF:	Handley AJA at 1; Adams J at 1; Howie AJ at 1
DECISION:	(i) Leave to appeal is granted; (ii) the sentences imposed in the District Court are quashed; (iii) in lieu of the sentences imposed, the applicant is sentenced, in respect of each offence, taking into account on the first offence the matter in the Form 1 document, a fixed term commencing on 13 March 2009 and expiring 23 November 2010. The consequence is that the applicant is to be released immediately.
CATEGORY:	Principal judgment
PARTIES:	Tracey Lee Hunter (Applicant) Regina (Crown/Respondent)
FILE NUMBER(S):	CCA 2009/8916
COUNSEL:	C Loukas (Applicant) S Dowling (Crown/Respondent)
SOLICITORS:	S E O'Connor, Legal Aid NSW (Applicant) S Kavanagh, Solicitor for Public Prosecutions (Crown/Respondent)
LOWER COURT JURISDICTION:	District Court
LOWER COURT FILE NUMBER(S):	2009/8916
LOWER COURT JUDICIAL OFFICER:	McLoughlin SC DCJ
LOWER COURT DATE OF DECISION:	14 October 2009

2009/8916

HANDLEY AJA
ADAMS J
HOWIE AJ

TUESDAY, 23 NOVEMBER 2010

TRACEY LEE HUNTER v R

1 The Court makes the following orders –

(i) leave to appeal is granted;

(ii) the sentences imposed in the District Court are quashed;

(iii) in lieu of the sentences imposed, the applicant is sentenced, in respect of each offence, taking into account on the first offence the matter in the Form 1 document, a fixed term commencing on 13 March 2009 and expiring 23 November 2010.

The consequence is that the applicant is to be released immediately.