SF [2022] NSWCCA 216
1 judgment
SF [2022] NSWCCA 216
Project CitationDrug and criminal group offences – re-sentence after finding of error on appeal – use of extract from Bugmy Bar Book “COVID-19: Risks and Impacts for Prisoners and Communities” chapter
Coram: Ierace J, Simpson AJA and Hamill J agreeing
- After finding error at first instance appeal court took into account on re-sentence affidavit from appellant detailing adverse conditions of imprisonment under Covid-19 conditions – further took into account affidavit from appellant’s solicitor describing observation of adverse changes to demeanour of appellant and extract from Bugmy Bar Book “COVID-19: Risks and Impacts for Prisoners and Communities” chapter: at [122]-[126]
- Finding made of special circumstances based on need for treatment for mental health issues and continuing impact of Covid-19 pandemic on conditions of incarceration – aggregate non-parole period reduced on re-sentence: at [129]
Page: Published Judgments (opens in a new tab)Published Judgments (opens in a new tab)See full case: 2022 NSWCCA 216 (opens in a new tab)