Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194

Reported Decision: 243 FLR 28205 A Crim R 1

New South Wales Court of Criminal Appeal

CITATION: Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 19 May 2010; 19 August 2010

JUDGMENT DATE: 17 September 2010

JUDGMENT OF: Allsop P at 1; Basten JA at 72; McClellan CJatCL at 148; Simpson J at 272; Barr AJ at 312

DECISION: Appeal dismissed.

CATCHWORDS: APPEAL – criminal – prosecution appeal – procedure – Court undertaking its own research and investigation – further hearing accorded - CONSTITUTIONAL LAW – inconsistency of State and Federal laws – whether s 68A of the Crimes (Appeal and Review) Act 2001 (NSW) inconsistent with s 16A of the Crimes Act 1914 (Cth) – Constitution, s 109 - CRIMINAL LAW – prosecution appeal – sentencing – whether manifestly inadequate – importation of marketable quantity of cocaine – comparison of sentences for like offences in other courts - FEDERAL JURISDICTION – prosecution appeal – sentencing – double jeopardy – application of Crimes (Appeal and Review) Act 2001, s 68A – whether s 68A inconsistent with Crimes Act 1914 (Cth), s 16A(2)(m) for the purposes of the Constitution, s 109 – whether s 68A picked up by Judiciary Act 1903 (Cth), ss 68, 79 and 80

Australian Constitution Crimes (Appeal and Review) Act 2001 (NSW) Crimes Act 1914 (Cth) Crimes Legislation Amendment Act (No 2) 1990 (Cth) LEGISLATION CITED: Criminal Appeal Act 1912 (NSW) Criminal Code Act 1995 (Cth) Customs Act 1991 (Cth) Judiciary Act 1903 (Cth) Mental Health (Criminal Procedure) Act 1990 (NSW)