Laupama v R [2015] NSWCCA 311

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Laupama v R [2015] NSWCCA 311 Hearing dates: 11 September 2015 Decision date: 11 December 2015 Before: Basten JA at [1]; Adams J at [2]; R A Hulme J at [32] Decision: (1). Leave to appeal against sentence granted.

(2). Appeal allowed in part by varying the non-parole period from 8 years 4 months to 8 years 3 months, commencing on 26 June 2013 and expiring on 25 September 2021. The earliest date upon which the offender is eligible for release is 25 September 2021.

(3). Otherwise appeal dismissed. Catchwords: CRIMINAL LAW – appeal – sentencing – aggravated break and enter and armed robbery – whether primary judge erred in assessing applicant's special circumstances – effect of "institutionalisation" – incorrect calculation of the default ratio in s 44 of the Crimes (Sentencing Procedure) Act 1999 (NSW) Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 44, 53A Cases Cited: Jackson v R [2010] NSWCCA 162 Jinnette v R [2012] NSWCCA 217 Category: Principal judgment Parties: Peter George Laupama (applicant) Regina (respondent) Representation: Counsel: W P Lowe (applicant) G O'Rouke (respondent)

Solicitors: McGowan Lawyers (applicant) Solicitor for Public Prosecutions (respondent) File Number(s): 2012/371763; 2012/335069 Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 17 December 2013 Before: Hanley SC DCJ File Number(s): 2012/371763; 2012/335069