Regina v Papandrea [2000] NSWCCA 499

New South Wales Court of Criminal Appeal

CITATION : Regina v Papandrea [2000] NSWCCA 499 FILE NUMBER(S) : CCA 60563/99 HEARING DATE(S) : 24 November 2000 JUDGMENT DATE : 24 November 2000

PARTIES : Regina Andrew Papandrea JUDGMENT OF : Sully J at 1; Whealy J at 17; Howie J at 18

LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : 70097/99 LOWER COURT JUDICIAL Studdert J OFFICER :

COUNSEL : L.M.B. Lamprati - Crown P. Bodor QC - Appellant SOLICITORS : Director of Public Prosectutions - Crown Ross Hill & Associates - Appellant

LEGISLATION CITED : Sentencing Act 1987 DECISION : Leave to appeal granted; appeal dismissed

IN THE COURT OF CRIMINAL APPEAL

60563/99

SULLY J WHEALY J HOWIE J

Friday 24 November 2000

REGINA v Andrew PAPANDREA

JUDGMENT

1 SULLY J: This is an application by Mr. Andrew Papandrea for leave to appeal against a sentence passed upon him on 24 September 1999 by Mr Justice Studdert of this Court.

2 The applicant had been indicted before his Honour on a charge that he had, on 15 May 1997, murdered a man called Janjic. The applicant pleaded not guilty to that charge and was put on trial before his Honour and a jury. That trial commenced on 10 August 1999. On 16 August 1999, that is to say on the fifth day of the trial, the applicant sought to be re-arraigned; and, upon being so re-arraigned, adhered to his plea of not guilty to murder but offered a plea to manslaughter. The Crown accepted that plea in satisfaction of the indictment; and it was in respect of that offence of manslaughter, that the applicant was convicted and sentenced by his Honour. The sentence in fact passed by his Honour was one of penal servitude for nine years; apportioned between a minimum term of six years and an additional term of three years. That apportionment reflects a finding by his Honour, and in the applicant's favour, of "special circumstances" of the kind contemplated by the relevant provisions of the then current Sentencing Act 1987.