Lupica v The King

Case [2024] NSWCCA 111


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Lupica v R [2024] NSWCCA 111
Hearing dates: 26 February 2024
Date of orders: 03 July 2024
Decision date: 03 July 2024
Before: Harrison CJ at CL at [1]
Cavanagh J at [2]
McNaughton J at [3]
Decision:

(1) Grant leave to appeal.

(2) Dismiss the appeal.

Catchwords:

CRIME – appeals – appeal against sentence – initial suspended sentence in the Drug Court of New South Wales – where Drug Court Program terminated due to further offending – whether final sentence affected by errors relating to parity, totality and delay – whether sentence manifestly excessive – appeal dismissed

Legislation Cited:

Crimes Act 1900 (NSW), ss 112, 117, 195

Crimes (Sentencing Procedure) Act 1999 (NSW), ss 23, 58

Criminal Appeal Act 1912 (NSW), s 5AF

Drug Court Act 1998 (NSW), ss 6, 7A, 10, 12

Cases Cited:

Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37

Callaghan v R [2006] NSWCCA 58; (2006) 160 A Crim R 145

Geraghty v R [2023] NSWCCA 47

He v Sun (2021) 104 NSWLR 518; [2021] NSWCA 95

House v The King (1936) 55 CLR 499

Ith v R [2013] NSWCCA 280

Kaderavek v R [2018] NSWCCA 92

Kljaic v R [2023] NSWCCA 225

McKittrick v R [2014] NSWCCA 128; (2014) 243 A Crim R 155

Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221

R v Blanco [1999] NSWCCA 121; (1999) 106 A Crim R 303

R v DW [2012] NSWCCA 66; (2012) 221 A Crim R 63

R v Gray [2018] NSWCCA 241

R v MMK [2006] NSWCCA 272; (2006) 164 A Crim R 481

R v Perrin [2022] NSWCCA 170; (2022) 301 A Crim R 160

Rizk v R [2020] NSWCCA 291

Sabra v R [2015] NSWCCA 38; (2015) 257 A Crim R 33

Salafia v R [2015] NSWCCA 141

Vujinovic v R [2024] NSWCCA 10

White v R [2016] NSWCCA 190; (2016) 261 A Crim R 302

Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64

XY (A Pseudonym) v R [2023] NSWCCA 50

Zreika v R [2012] NSWCCA 44; (2012) 223 A Crim R 460

Texts Cited:

Nil

Category:Principal judgment
Parties: Ricky Lupica (Applicant)
Rex (Respondent)
Representation:

Counsel:
S Anderson (Applicant)
E Wilkins SC (Respondent)

Solicitors:
Legal Aid NSW (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2022/363762
Publication restriction: Nil
 Decision under appeal 
Court or tribunal:
Drug Court of New South Wales
Date of Decision:
04 November 2022
Before:
Judge Still
File Number(s):
2021/191

HEADNOTE

[This headnote is not to be read as part of the judgment]

The applicant, Ricky Lupica, was convicted of eight offences that include destroy or damage property; aggravated break, enter and steal in company; break, enter and steal; break and enter with intent to steal; larceny and intimidation.

The first five offences (Offences A) occurred in May and June 2021. They…

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Details
AGLC
Lupica v The King [2024] NSWCCA 111
Case
[2024] NSWCCA 111
Decision Date

CaseChat Overview and Summary

The case of Lupica v The King involved an appeal against a sentence handed down by the Drug Court of New South Wales. The appellant, Lupica, had been given a suspended sentence as part of the Drug Court Program. However, the Drug Court Program was terminated due to Lupica's subsequent offending. This termination led to a reconsideration of the original sentence, and Lupica was subsequently sentenced to imprisonment. The appeal focused on several legal issues, including whether the final sentence was impacted by errors relating to parity, totality, and delay, as well as whether the sentence was manifestly excessive. The central issue before the court was whether the sentence imposed was appropriate and whether any procedural errors significantly affected the outcome.

The court examined the principles of sentencing and the factors that should be considered when determining an appropriate sentence. It was necessary to assess whether the sentence was influenced by any errors that could have affected its fairness and proportionality. The court considered the principle of parity, which requires that sentences for similar offences be similar, and the principle of totality, which ensures that the cumulative effect of multiple sentences is considered. Additionally, the court looked at whether any undue delay in imposing the sentence could have impacted its fairness. The court also had to determine whether the sentence was manifestly excessive, which would warrant a reduction or reconsideration of the sentence.

After thorough analysis, the court found that the sentence was not affected by any significant errors that would warrant a reduction or reconsideration. The court determined that the sentence was proportionate and appropriate given the circumstances, including Lupica's history of reoffending and the need for a custodial sentence to address the public safety concerns. The appeal was dismissed, and the original sentence was upheld. The court's decision underscored the importance of adhering to sentencing principles and ensuring that sentences are fair, proportionate, and not unduly influenced by procedural errors.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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