Stavropoulos v R [2018] NSWCCA 12

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Stavropoulos v R [2018] NSWCCA 12 Hearing dates: 12 February 2018 Date of orders: 19 February 2018 Decision date: 19 February 2018 Before: Hoeben CJ at CL at [1]; Price J at [33]; Fullerton J at [34] Decision: (1) Leave to appeal granted. (2) The appeal is dismissed. Catchwords: CRIMINAL LAW – sentence appeal – supply prohibited drug and possess unauthorised and prohibited weapons – so called "Clark principle" applied by sentencing judge – error in approach of sentencing judge established – need to re-sentence – no lesser sentence warranted in law – appeal dismissed. Legislation Cited: Crimes Act 1900 (NSW) – s 93FA(2) Crimes (Sentencing Procedure) Act 1999 (NSW) – ss 3A, 11 Criminal Appeal Act 1912 (NSW) – s 5(1)(c) Criminal Procedure Act 1986 (NSW) – s 166 Drug Misuse and Trafficking Act 1985 (NSW) – ss 10(1), 25(1) Firearms Act 1996 (NSW) – s 7(1) Weapons Prohibition Act 1998 (NSW) – s 7(1) Cases Cited: Hili v The Queen; Jones v The Queen [2010] HCA 45; 242 CLR 520 Kentwell v The Queen [2014] HCA 37; 252 CLR 601 Parente v R [2017] NSWCCA 284 R v Peter Michael Clark (Court of Criminal Appeal (NSW), 15 March 1990, unrep) Robertson v R [2017] NSWCCA 205 Category: Principal judgment Parties: George Stavropoulos – Applicant Regina – Respondent Crown Representation: Counsel: A Parsons – Applicant S Dowling SC – Respondent Crown