Regina v Lagi [2004] NSWCCA 443

New South Wales Court of Criminal Appeal

CITATION : Regina v Lagi [2004] NSWCCA 443 HEARING DATE(S) : 03/12/04 JUDGMENT DATE : 8 December 2004

JUDGMENT OF : Mason P at 1; Barr J at 2; Hoeben J at 3 DECISION : Appeal against conviction dismissed.; Leave to appeal against severity of sentence granted, but appeal dismissed.

CATCHWORDS : CRIMINAL LAW: - conviction appeal - use an offensive weapon in company with intent to prevent lawful apprehension - whether available on evidence - inconsistent verdicts - sentence appeal - whether parity principle observed. LEGISLATION CITED : Crimes Act 1900 Firearms Act 1996 CASES CITED : Mackenzie v The Queen (1996) 190 CLR 348 R v Thompson & Houlton (2000) 40 NSWLR 383 PARTIES : Crown - Respondent Meli Lagi - Appellant FILE NUMBER(S) : CCA 2004/1740 COUNSEL : R Toner SC - Appellant D Howard SC - Crown SOLICITORS : S Macedone - Appellant S Kavanagh, Solicitor for Public Prosecutions - Crown

LOWER COURT Supreme Court JURISDICTION : LOWER COURT 70234/02 FILE NUMBER(S) : LOWER COURT Wood CJ at CL JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 2004/1740

MASON P BARR J HOEBEN J

Wednesday, 8 December, 2004 REGINA v Meli LAGI Judgment 1 MASON P: I agree with Hoeben J. 2 BARR J: I agree with Hoeben J. 3 HOEBEN J: Offences and conviction appeal The appellant and John Taufahema on 20 August 2003 were each indicted before his Honour Justice Wood, Chief Judge at Common Law, and a jury in the Supreme Court of New South Wales on the following counts.