Regina v Shalala [2003] NSWCCA 330

New South Wales Court of Criminal Appeal

CITATION : Regina v Shalala [2003] NSWCCA 330 HEARING DATE(S) : 14/02/2003; 06/05/2003 JUDGMENT DATE : 11 November 2003

JUDGMENT OF : Handley JA at 1; Sully J at 49; Buddin J at 50 DECISION : 1. Appeal dismissed ; 2. Exhibits returned.

CATCHWORDS : CRIMINAL LAW - appeal - no question of principle R v Birks (1990) 19 NSWLR 677 CASES CITED : Shepherd v The Queen (1990) 170 CLR 573 TKWJ v The Queen (2002) 76 ALJR 1579 PARTIES : Regina v Alec Shalala FILE NUMBER(S) : CCA 60365 of 2000 COUNSEL : W Dawe QC (Crown) In person (Appellant) SOLICITORS : Director of Public Prosecutions (NSW) (Crown) In person (Appellant)

LOWER COURT District Court JURISDICTION : LOWER COURT 99/21/0231 FILE NUMBER(S) : LOWER COURT Sides DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60365 of 2000

HANDLEY JA SULLY J BUDDIN J

11 November 2003 REGINA v ALEC SHALALA

CATCHWORDS

CRIMINAL LAW – appeal – no question of principle FACTS

The appellant was convicted of the deemed supply of not less than the commercial quantity of heroin and was sentenced to imprisonment.

He appealed from his conviction on 10 grounds which included an allegation that his counsel at the trial had been so flagrantly incompetent that there had been a miscarriage of justice. He also challenged his sentence. HELD: Defence counsel had not been guilty of flagrant incompetence, the other grounds of appeal also failed, and the sentence was not out of the range and excessive. ORDERS 1. Appeal dismissed. 2. Exhibits returned.