NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v Cooper [2001] NSWCCA 542 FILE NUMBER(S) : CCA 60110/01 HEARING DATE(S) : 04/12/01 JUDGMENT DATE : 4 December 2001
PARTIES : Regina v Paul Antonio Cooper JUDGMENT OF : Stein JA at 1, 36, 38; Hidden J at 37; Howie J at 2
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/61/0165 LOWER COURT JUDICIAL Coleman DCJ OFFICER :
COUNSEL : Applicant appeared in person W.G. Dawe QC - Crown SOLICITORS : Applicant appeared in person S.E. O'Connor - Crown CATCHWORDS : Criminal Law and Procedure - offence against property - Aggravated break enter and steal - elements of the offence - onus of proof. LEGISLATION CITED : Justices Act 1902 - s 51A Crimes Act 1900 - ss 105A, 112(1), 112(2), 117, 428A, 428B(1), 428B(2), 428D CASES CITED: R v Lars aka Larsson (1994)73 A Crim R 91 DECISION : Application for leave to appeal is granted and the appeal is allowed to the extent that the non-parole period specified in the offence of aggravated break, enter and steal be quashed and in lieu thereof a non-period period of 18 months be specified to commence on 22 February 2001 and to expire on 21 August 2002, the date upon which the applicant is to be released to parole. It is to be a condition of his parole that he subject himself to the supervision of the Probation and Parole Service and those provisions which relates to such supervision contained in the Regulations should apply to the parole order.
IN THE COURT OF CRIMINAL APPEAL 60110/01 STEIN JA HIDDEN J HOWIE J
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