Regina v Melissa Kay Reeves [2002] NSWCCA 33 | Case summary

Court of Criminal Appeal (NSW)|2002-02-13|Before: Hidden J, Buddin J

The applicant is sentenced to 15 months imprisonment commencing on 19 June 2001 and expiring 18 September 2002. A non-parole period of 9 months is fixed which will expire on 18 March 2002 which is the date on which she is to be released to parole. That parole is to be the subject of the supervision. She is to comply with all the requirements of the Probation Service, including attending Offender Management programmes and drug and alcohol counselling if considered appropriate by that service. She is to notify the Court and the Probation Service of any change of residential address. 20 HIDDEN J: I agree. The order of the court will be: Leave to appeal is granted. The appeal is allowed. The sentence passed in the District Court is quashed and in lieu the applicant is sentenced to 15 months imprisonment commencing of 19 June 2001 and expiring on 18 September 2002. A non-parole period of 9 months is fixed which will expire on 18 March 2002 which is the date upon which she is to be released to parole. That parole is to be the subject of supervision. She is to comply with all the requirements of the Probation Service, including attending Offender Management Programmes and drug and alcohol counselling if considered appropriate by that service. She is to notify the court and the Probation Service of any change of residential address.

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CITATION : Regina v Melissa Kay Reeves [2002] NSWCCA 33 FILE NUMBER(S) : CCA 60454/01 HEARING DATE(S) : 13 February 2002 JUDGMENT DATE : 13 February 2002

COUNSEL : PJP Power (Crown - Respondent) H Dhanji (Applicant) SOLICITORS : S E O'Connor (Crown - Respondent) DJ Humphreys (Applicant) CATCHWORDS : Sentence - Appeal against severity - Pervert the course of justice - suspended sentence - breach of conditions thereof -"stale" offence - "special circumstances" LEGISLATION CITED : Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Regina v Fahda (1999) NSWCCA 267 Regina v Giang [2001] NSWCCA 276 Regina v Kavich NSWCCA unreported, 26 October 1993 CASES CITED: Regina v Mill (1988) 166 CLR 59 Regina v Shore (1992) 66 A Crim R 37 Regina v Thomson & Houlton [2000] 49 NSWLR 383 Regina v Todd (1982) 2 NSWLR 517 Regina v V NSWCCA unreported, 24 February 1998 DECISION : Leave to appeal granted; Appeal allowed; Sentence passed in District Court quashed; Applicant sentenced to 15 months imprisonment commencing on 19 June 2001 and expiring on 18 September 2002. Non-parole period of 9 months is fixed to expire on 18 March 2002.

Regina v Melissa Kay Reeves

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