NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: REGINA v. SAMA [2005] NSWCCA 191
HEARING DATE(S): Thursday 24 March 2005
JUDGMENT DATE: 20 May 2005
JUDGMENT OF: James J at 1; Hislop J at 2; Hall J at 3
DECISION: Application for leave to appeal be granted but the appeal be dismissed.
CATCHWORDS: Criminal law - appeal against sentence - ongoing supply of prohibited drugs - limited discount for plea of guilty - strength of the Crown case - utilitarian value of the plea of guilty - established retail operation - future retail activity - setting of a trap by undercover police - whether sentence manifestly excessive - opportunistic crime - planned activity - quantity of drugs supplied
LEGISLATION CITED: Drug (Misuse & Trafficking) Act 1985
Thomson & Houlton (2000) 49 NSWLR 386 Carter [2001] NSWCCA 245 Sutton [2004] NSWCCA 225 CASES CITED: Tran [2004] NSWCCA 366 CBK (2002) 135 A. Crim. R. 260 Smiroldo (2000) 112 A. Crim. R. 47 Mandica (1980) 4 A. Crim. R. 34
REGINA v. PARTIES: ADAM SAMA
FILE NUMBER(S): CCA 2004/2869
Crown: W. Dawe, QC. COUNSEL: App: J. Stratton, SC.
Crown: S. Kavanagh SOLICITORS: App: S.E. O'Connor
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/21/3376
LOWER COURT JUDICIAL OFFICER: Maguire DCJ.
IN THE COURT OF CRIMINAL APPEAL 2004/2869
JAMES, J. HISLOP, J. HALL, J.
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