The Crown has a right of appeal to the Court of Criminal Appeal against initial sentences imposed by the Drug Court under s 7 of the Drug Court Act 1998, as such sentences fall within the definition of 'sentence' in s 2 of the Criminal Appeal Act 1912. The Drug Court must sentence in accordance with the Crimes (Sentencing Procedure) Act 1999 on initial sentencing, including fixing non-parole periods and taking into account subjective features; the established Drug Court practice of excluding subjective features from initial sentencing is impermissible. The meaning of 'in the place where the offence is alleged to be committed' in s 105A(1)(f) was not unanimously resolved, with the majority favouring a broader construction extending beyond the building itself.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
3 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.