Regina v Rowley [2004] NSWCCA 385

Regina v Rowley [2004] NSWCCA 385

All matters within Category 1 (final sentences under s 12 Drug Court Act) may be heard and determined by a single judge of this Court pursuant to s 5AF; the aggravated break, enter and steal matter in Category 2 (indictable offence) is appealable to the Court of Criminal Appeal constituted by two or three judges; summary matters in Categories 2 and 3 are only appealable to the District Court, not this Court.

Parties
Applicant: Reggi Robert Rowley; Respondent: Crown
Jurisdiction
Australia
Judgment Date
12 November 2004
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Application determined as per findings in paragraph 25, specifying jurisdiction and constitution for appeal matters.
Legal Topics
Sentencing, Drug Court Appeals, Jurisdiction, Competency of Appeals, Constitution of Court of Criminal Appeal
Criminal Law Sentencing Drug Court Appeals Jurisdiction Competency of Appeals Constitution of Court of Criminal Appeal

Case Brief

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Parties

Reggi Robert Rowley

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Which Drug Court sentences can be appealed to the Court of Criminal Appeal and by whom?
  2. 2 How should summary offences and indictable offences from the Drug Court be appealed and to which court?
  3. 3 Interpretation of s 5AF and s 5(1)(c) of the Criminal Appeal Act 1912 in relation to Drug Court sentences

Ratio Decidendi

All matters within Category 1 (final sentences under s 12 Drug Court Act) may be heard and determined by a single judge of this Court pursuant to s 5AF; the aggravated break, enter and steal matter in Category 2 (indictable offence) is appealable to the Court of Criminal Appeal constituted by two or three judges; summary matters in Categories 2 and 3 are only appealable to the District Court, not this Court.

Court Disposition

Application determined as per findings in paragraph 25, specifying jurisdiction and constitution for appeal matters.

Orders

  • Category 1 matters to be determined by a single judge pursuant to s 5AF Criminal Appeal Act 1912.
  • Aggravated break, enter and steal matter in Category 2 appealable to Court of Criminal Appeal constituted by two or three judges.