REGINA v Matthew John JASPER [2003] NSWCCA 186

Reported Decision : 139 A Crim R 329

New South Wales Court of Criminal Appeal

CITATION : REGINA v Matthew John JASPER [2003] NSWCCA 186 HEARING DATE(S) : 4 July 2003 JUDGMENT DATE : 8 July 2003

JUDGMENT OF : Mason P at 1; Dowd J at 40; Adams J at 41 DECISION : Appeal upheld and orders made by Dunford J on 11 April 2003 be set aside.

CATCHWORDS : CRIMINAL LAW - Appeal by Director of Public Prosecutions - Criminal Appeal Act 1912 ss 5C and 5F- Drug Misuse and Trafficking Act 1985 - "supply" - permitting or suffering another to supply - corrupt police officer allows dealer to continue supplying in return for ongoing bribes - officer arguably guilty of "supply" (D) PARTIES : REGINA v Matthew John JASPER FILE NUMBER(S) : CCA 60070/2003 COUNSEL : Appellant: R Cogswell SC (Crown)/ Dr J Quilter Respondent: J Dailly SC SOLICITORS : Appellant: S E O'Connor Respondent: Walter Madden Jenkins

LOWER COURT Supreme Court JURISDICTION : LOWER COURT SC 70088/2002 FILE NUMBER(S) : LOWER COURT Dunford J JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL CCA 60070/2003

MASON P DOWD J ADAMS J

Tuesday 8 July 2003

REGINA v Matthew John JASPER

FACTS: The respondent was a police officer who entered into corrupt arrangements with a heroin dealer, Vincent Caccamo. He pleaded guilty to four of the six counts contained in the indictment, but sought a permanent stay of the proceedings on two charges alleging that he " did supply a prohibited drug, namely heroin" on the basis that such charges were doomed to fail. Dunford J upheld this position, reasoning that there was no evidence of the essential element of "supply".