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Applicant & co-accused arrested following a controlled delivery of a consignment of pineapples to premises in Sydney.
The consignment contained amphetamine & heroin capsules which had been shipped from China.s.8A of the Bail Act 1978 applied & the applicant was granted conditional bail, however, it was revoked a little over a month later on the Crown's application for a review of that order made pursuant to s.45 of the Act.
Objection was taken on the grounds of self-incrimination.
CARROLL, Douglas John Frederick - CCA, Greg James & Whealy JJCitation: R v Carroll  NSWCCA 511Sentence appeal.1 x BE&S; 1 x aggravated BE&S; 6 offences on a Form 1 (take & use conveyance; BE&S; possess housebreaking implements; possess explosive device; possess prohibited drug).5y 3m with NPP of 2y 3m. Aged 34y 9m at time of sentence - discount for guilty plea - special circumstances - positive steps towards rehabilitation - disproportion between head sentence & NPP.
Appeal allowed: resentenced to 4y 3m with NPP of 2y 3m.
Self-incrimination - objection taken - already convicted of offence - possible appeal - whether reasonable grounds for objection - application of s.128 Evidence Act 1995.
Held: Objection to answering questions on ground of self-incrimination overruled, subject to objection to particular questions.