NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : REGINA v. CHAPPLE [2001] NSWCCA 183 FILE NUMBER(S) : CCA No. 60112 of 2000 HEARING DATE(S) : Friday 11 May 2001 JUDGMENT DATE : 11 May 2001
PARTIES : REGINA v. CHAPPLE, Robert George JUDGMENT OF : Hodgson JA at 29; Greg James J at 1; Adams J at 31
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/11/0458 LOWER COURT JUDICIAL Christie, DCJ. OFFICER :
COUNSEL : Crown: D.G. Staehli App: P.R. Boulten SOLICITORS : Crown: Commonwealth Director of Public Prosecutions App: Mark Klees & Associates CATCHWORDS : Criminal law - appeal against sentence - Customs Act drug offences - Crown accepts errors in sentencing process but asserts not material - absence of allowance for utilitarian value of early plea - prospects of rehabilitation - import for own use and to fund addiction - head sentence reduced and non-parole period varlied. LEGISLATION CITED : Customs Act 1901 Crimes Act 1914 (Cth) Wong & Leung (1999) 48 NSWLR 430 AB (1999) 73 ALJR 1385 CASES CITED: Thomson & Houlton (2000) 49 NSWLR 383 Bugmy (1990) 169 CLR 525 Winchester (1992) 58 A. Crim. R. 345 DECISION : Leave to appeal granted; appeal upheld in relation to the sentence on count one. In lieu thereof, a head sentence is imposed of four years, commencing 9 June 1999, with a non-parole period of two and a half years, commencing 9 June 1999 and expiring 8 December 2001.
IN THE COURT OF CRIMINAL APPEAL
No. 60112 of 2000 CORAM: HODGSON, JA. GREG JAMES, J. ADAMS, J.
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