R v Kouroumalos [2000] NSWCCA 453

New South Wales Court of Criminal Appeal

CITATION : R v Kouroumalos [2000] NSWCCA 453 revised - 17/11/2000 FILE NUMBER(S) : CCA 60800/99 HEARING DATE(S) : 23 October 2000 JUDGMENT DATE : 3 November 2000

PARTIES : Regina Spiros Kouroumalos JUDGMENT OF : Wood CJ at CL at 1; Studdert J at 39; Whealy J at 41

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/11/1060 LOWER COURT JUDICIAL Woods DCJ OFFICER :

COUNSEL : L.M.B. Lamprati for Crown R.A. Skiller for Appellant SOLICITORS : S.E. O'Connor CATCHWORDS : CRIMINAL LAW - appeals - appeal against sentence - appeal against conviction drug offence - guilty plea - setting aside guilty plea - incorrect or improper advice from legal representative - miscarriage of justice LEGISLATION CITED : Drug Misuse and Trafficking Act 1985 (NSW) s6, 29 DECISION : 1) Motion to set aside the pleas of guilty and appeal against conviction dismissed; 2) Leave to appeal against sentence granted but appeal dismissed

IN THE COURT OF CRIMINAL APPEAL

No. 60800/99

WOOD CJ at CL STUDDERT J WHEALY J

FRIDAY 3RD NOVEMBER 2000

Regina v Spiros KOUROUMALOS

The appellant pleaded guilty to knowingly taking part in the manufacture of the prohibited drug, methylamphetamine, and deemed supply of that drug. In respect of the first count, he was sentenced to imprisonment for a minimum of two years with an additional term of two years. In respect of the second count he was sentenced to a minimum term of two years and six months with an additional term of one year to be served concurrently with the first charge.

The appellant applied to set aside the pleas of guilty, and in the alternative sought leave to appeal against sentence on the grounds that he was denied the opportunity of placing before the court his interpretation of what had occurred.