NSW Caselaw
Reported Decision : 161 A Crim R 173
New South Wales Court of Criminal Appeal
CITATION: REGINA v GIP REGINA v LY [2006] NSWCCA 115
HEARING DATE(S): 1 March 2006
JUDGMENT DATE: 11 April 2006
JUDGMENT OF: McClellan CJ at CL at 1; Rothman J at 38; Smart AJ at 46
DECISION: Crown appeals dismissed
CATCHWORDS: CRIMINAL LAW - Crown appeal against sentence - supply of a prohibited drug - heroin - plea of guilty - whether an ongoing supply or trafficking of drugs - application of principles regarding exceptional cases and a non-custodial sentence - whether appropriate to ameliorate sentence due to impact of full-time sentence on children - whether sentence manifestly inadequate having regard to criminality - delay in lodging of Crown appeal
Criminal Appeal Act 1912 LEGISLATION CITED: Drug Misuse and Trafficking Act NSW 1985 Crimes (Sentencing Procedure) Act 1999
R v Liu [2005] NSWCCA 378 R v Wirth (1976) 14 SASR 291 R v Bednarz [2000] NSWCCA 533 House v The King (1936) 55 CLR 499 CASES CITED: R v Price [2004] NSWCCA 186 R v Livas [2006] NSWCCA 54 R v Clark, unreported, NSWCCA (15 March 1990) R v Bardo, unreported, NSWCCA, (14 July 1992) R v Ozer, unreported, NSWCCA (9 November 1993)
The Crown (Appl) PARTIES: Shayla Ngoc Trang Gip (Resp) Sung Ly (Resp)
FILE NUMBER(S): CCA 2005/2124; 2005/2122
P G Ingram (Crown/Appl) COUNSEL: A Williams (Gip/resp) S S Hanley (Ly/resp)
SOLICITORS: Director of Public Prosecutions (Crown) Watsons (Gip/Ly)
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