Frazier v R [2019] NSWDC 961

Frazier v R [2019] NSWDC 961

There are good grounds for a conditional release order without proceeding to conviction due to Mr Frazier's age, first offence, small quantity involved, mental health, early guilty plea, and other rehabilitative factors, and the outcome is supported by relevant statutory provisions and the Crown's non-opposition.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
10 May 2019
Procedural Posture
Criminal Appeal / Appeal From Local Court Sentence
Outcome
Appeal upheld; conviction set aside; court does not proceed to conviction; conditional release order confirmed.
Legal Topics
['appeal on Sentence' 'supply of Prohibited Drug' 'conditional Release Order' 'conviction Under S 9 and S 10']
['criminal Law'] ['appeal on Sentence' 'supply of Prohibited Drug' 'conditional Release Order' 'conviction Under S 9 and S 10']

Source-derived case record

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Procedural Posture

Criminal Appeal / Appeal From Local Court Sentence

Legal Issues

  1. 1 ['Whether the court should proceed to conviction for supply of a small quantity of cannabis' 'Whether a conditional release order without conviction is appropriate in the circumstances']

Ratio Decidendi

There are good grounds for a conditional release order without proceeding to conviction due to Mr Frazier's age, first offence, small quantity involved, mental health, early guilty plea, and other rehabilitative factors, and the outcome is supported by relevant statutory provisions and the Crown's non-opposition.

Court Disposition

Appeal upheld; conviction set aside; court does not proceed to conviction; conditional release order confirmed.

Orders

  • ['The appeal is upheld.' 'The conviction imposed by the Local Court on 28 February 2019 is set aside.' 'The court does not proceed to conviction under s 9(1)(b) and s 10 of the Crimes (Sentencing Procedure) Act 1999.' 'The Conditional Release Order expiring 27 August 2020 and the conditions attaching to that order...