NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: REGINA v STAVROPOULOS [2007] NSWCCA 333
HEARING DATE(S): Monday 19 November 2007
JUDGMENT DATE: 7 December 2007
JUDGMENT OF: McClellan CJ at CL at 1; Hall J at 2; Price J at 66
DECISION: Appeal dismissed
CATCHWORDS: CRIMINAL LAW – Sentencing – Crown appeal against reduction of sentence for assistance to authorities – Principles to be applied on appeal pursuant to s.5DA Criminal Appeal Act 1912 – Whether or not undertaking to give evidence was given – No record made of an undertaking – Expectation that respondent would give evidence is not an undertaking within the meaning of s.23 Crimes (Sentencing Procedure) Act 1999
Criminal Appeal Act 1912 LEGISLATION CITED: Crimes Act 1900 Evidence Act 1995 Crimes (Sentencing Procedure) Act 1999
Regina v O'Brien (NSWCCA, unreported, 10 June 1993) Regina v El-Sayed [2003] 57 NSWLR 659 Regina v Waqa (2004) 149 A Crim R 143 CASES CITED: Regina v KS [2005] NSWCCA 87 Regina v Chaaban [2006] NSWCCA 352 Regina v Douar [2007] NSWCCA 123 Regina v Sukkar [2006] NSWCCA 92
PARTIES: REGINA v Paul STAVROPOULOS
FILE NUMBER(S): CCA 2007/3210
COUNSEL: Crown: GIO Rowling Resp: A Bellanto QC/J Ghabrial
SOLICITORS: Crown: S Kavanagh Resp: Shephard & Shephard
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 15/11/1131
LOWER COURT JUDICIAL OFFICER: Taylor DCJ
IN THE COURT OF CRIMINAL APPEAL 2007/3210
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