REGINA v Peter Ferenc LADOCKI [2004] NSWCCA 336

New South Wales Court of Criminal Appeal

CITATION : REGINA v Peter Ferenc LADOCKI [2004] NSWCCA 336 HEARING DATE(S) : 1 September 2004 JUDGMENT DATE : 1 October 2004

JUDGMENT OF : Mason P at 1; Sully J at 95; Sperling J at 96 DECISION : Appeal against conviction - dismissed; Appeal against sentence - dismissed

CATCHWORDS : Evidence Act 1995, s138 - Drug Misuse and Trafficking Act 1985, s25A - police informant - controlled purchase of heroin - Law Enforcement (Controlled Operations) Act 1997 - whether evidence obtained illegally or improperly - whether error in exercise of discretion to admit evidence - whether sentence manifestly excessive. - PARTIES : REGINA Peter Ferenc LADOCKI FILE NUMBER(S) : CCA 2004/1738 CCAP (60160/04) COUNSEL : Crown: P Ingram Appellant: T Healey SOLICITORS : Crown: R Ramsey Appellant: Harris Wheeler Lawyers

LOWER COURT District Court JURISDICTION : LOWER COURT 03/31/0148 FILE NUMBER(S) : LOWER COURT Coolahan DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL CCA 2004/1738 CCAP (60160/04)

MASON P SULLY J SPERLING J

Friday 1 October 2004

REGINA v Peter Ferenc LADOCKI

BACKGROUND Ladocki was convicted by jury on 10 March 2003 of supplying heroin on 3 or more occasions during a period of 30 consecutive days, being an offence under s25A of the Drug Misuse and Trafficking Act 1985. He was sentenced to imprisonment for 7 years and 6 months with a non-parole period of 5 years. On 9 May 2003 Ladocki pleaded guilty to a further charge of supplying heroin. He received a head sentence of 4 years and 6 months, with a non-parole period of 3 years in respect of this charge.