Regina v Hagopian [2001] NSWCCA 149

New South Wales Court of Criminal Appeal

CITATION : Regina v Hagopian [2001] NSWCCA 149 FILE NUMBER(S) : CCA 60348/00 HEARING DATE(S) : 26 March 2001 JUDGMENT DATE : 26 March 2001

PARTIES : Regina v Vatche Hagopian JUDGMENT OF : Greg James J at 26; Smart AJ at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/11/0492 LOWER COURT JUDICIAL Shadbolt DCJ OFFICER :

COUNSEL : (A) J P Doris (R) E Wilkins SOLICITORS : (A) Neil J O'Connor & Associates (R) S E O'Connor CATCHWORDS : Sentencing - supplying prohibited drugs - sentence not excessive LEGISLATION CITED : Nil CASES CITED: The Queen v Thompson & Houlten 115 A Crim R 104 DECISION : Application for leave to appeal refused

IN THE COURT OF CRIMINAL APPEAL

60348/00 GREG JAMES J SMART AJ Monday, 26 March 2001

REGINA v VATCHE HAGOPIAN JUDGMENT

1 SMART AJ: Vatche Hagopian seeks leave to appeal against the severity of a sentence of imprisonment of two years and eight months with a non-parole period of two years for the offence of supplying a prohibited drug, cannabis leaf, and taking into account the offences of goods in custody and supply prohibited drug (amphetamines) (deemed). The appellant pleaded guilty.

2 About 4.10 pm on 23 May 1998 Evelyn Hickey was waiting in a car park at Erskineville. After a few minutes the applicant entered the car park driving a Corolla sedan. She got into the front passenger seat. The police stopped the vehicle as it attempted to leave the car park. The police found three clear re-sealable plastic bags containing green vegetable matter, cannabis leaf, in a back pack on the floor of the passenger's side of the car.