NSW Caselaw
Reported Decision: 192 A Crim R 305
New South Wales Court of Criminal Appeal
CITATION: LAPA v REGINA [2008] NSWCCA 331
HEARING DATE(S): 04/06/2008
JUDGMENT DATE: 19 December 2008
JUDGMENT OF: McClellan CJ at CL at 1; Hulme J at 2; Hidden J at 3
DECISION: Appeal dismissed
CATCHWORDS: CRIMINAL LAW - appeal against Drug Court sentences - break, enter and steal - supply heroin - pleas of guilty - break, enter and steal dealt with summarily - whether judge could determine starting point in excess of two year limit for Table 1 offence before reduction for plea - whether sentence for supply heroin and overall sentence manifestly excessive
Crimes Act 1900 Drug Misuse and Trafficking Act 1985 LEGISLATION CITED: Criminal Appeal Act 1912 Drug Court Act 1998 Criminal Procedure Act 1986
CATEGORY: Principal judgment
R v Thomson and Houlton [2000] NSWCCA 309, 49 NSWLR 383 CASES CITED : R v Doan [2000] NSWCCA 317, 50 NSWLR 115 R v Tran [1999] NSWCCA 109
PARTIES: John LAPA (appellant) Regina (respondent)
FILE NUMBER(S): CCA 2007/2969
COUNSEL: A Francis (appellant) G Rowling (respondent)
SOLICITORS: S O'Connor (LAC) S Kavanagh (DPP)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2004/162
LOWER COURT JUDICIAL OFFICER: Barnett DCJ
LOWER COURT DATE OF DECISION: 27/04/2007
IN THE COURT OF CRIMINAL APPEAL 2007/2969
McCLELLAN CJ at CL HULME J HIDDEN J
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