CITATION: R v Sparos [2002] NSWCCA 52 FILE NUMBER(S): CCA 60776/01 HEARING DATE(S): 04/03/2002 JUDGMENT DATE:
12 March 2002PARTIES :
Regina
Luke John SparosJUDGMENT OF: Stein JA at 1; Dowd J at 2; Barr J at 61
LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S) : 01/21/3199 LOWER COURT JUDICIAL
OFFICER :Sides DCJ
COUNSEL : Mr LMB Lamprati- Crown
Mr SJ Odgers SC- RespondentSOLICITORS: SE O'Connor- Crown CATCHWORDS: Crown appeal against inadequacy of sentence - Crown submissions to Sentencing Judge - Young offender - Suspended sentence - Court discretion to dismiss appeal - Matters taken into account - Least sentence properly imposed LEGISLATION CITED: Crimes Act 1900
Drug Misuse and Trafficking Act 1985CASES CITED: Allpass (1993) 72 A Crim R 561.
Comptroller-General of Customs v D'Aquino Bros Pty Ltd (1996) 135 ALR 649.
C, S and T (Unreported, NSWCCA, 12 October 1989).
DPP v Waack (2001) 121 A Crim R 134.
Edwards (1993) 67 A Crim R 487.
Everett v R (1994) 181 CLR 295.
GDP (1991) 53 A Crim R 112.
Hayes (1987) 29 A Crim R 452.
R v Bachelor (1952) 36 CAR 64.
R v Barton [2001] NSWCCA 63.
R v Bavadra (2000) 115 A Crim R 152.
R v Blackman and Walters [2001] NSWCCA 121.
R v Blocki (1991) 56 SASR 250.
R v Cacciola (Unreported, NSWCCA, 15 October 1998).
R v Camilleri (Unreported, NSWCCA, 8 February 1990).
R v Clark (Unreported, NSWCCA, 15 March 1990).
R v Crotty (Unreported, NSWCCA, 28 February 1994).
R v Dodd (1991) 57 A Crim R 349.
R v Howland [1999] NSWCCA 10.
R v J (1992) 59 SASR 145.
R v Jermyn (1985) 2 NSWLR 194 .
R v Lattouf (Unreported, NSWCCA, 12 December 1996).
R v Martin (Unreported, NSWCCA, 19 March 1992).
R v Mills [1998] 4 VR 235.
R v Morgan (1993) 70 A Crim R 368.
R v Perese [2001] NSWCCA 478.
R v Rose (Unreported, NSWCCA, 23 May 1996).
R v Rushby (1977) 1 NSWLR 594.
R v Tait and Bartley (1979) 24 ALR 473.
R v Thompson (Unreported, NSWCCA, 4 April 1991).
R v White (1981) 28 SASR 9.
R v Wilton (1981) 28 SASR 362.
Yardley v Betts (1979) 22 SASR 108.DECISION: 1. Crown appeal upheld; 2. Sentence including the fine imposed be quashed; 3. Respondent sentenced to a fixed term of one year, to commence on 12 March 2002, and to expire on 11 March 2003; and 4. Respondent fined $3,500.
60776/01
12 March 2002STEIN JA
DOWD J
BARR J
Regina v Luke John SPAROS
Judgment
1 STEIN JA: I agree with Dowd J.
2 DOWD J: This is a Crown appeal against inadequacy of sentence imposed by Sides QC DCJ on 19 October 2001, on the sole ground that the sentence was manifestly inadequate. The respondent was sentenced to twelve months imprisonment suspended on him entering into a…
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- AGLC
- R v Sparos [2002] NSWCCA 52
- Case
- [2002] NSWCCA 52
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CaseChat Overview and Summary
The case of R v Sparos involved an appeal by the Crown against the sentence imposed on the respondent, Sparos. The dispute centred on the perceived inadequacy of the sentence, which was a suspended sentence, given to Sparos by the original sentencing judge. The appeal was heard by the higher court, where the Crown argued that the sentence was too lenient and did not adequately reflect the seriousness of Sparos's criminal conduct.
The legal issues that the court had to address included the scope of the court's discretion to dismiss an appeal against sentence, particularly in cases involving young offenders. The Crown's submissions to the Sentencing Judge raised questions about the factors that the court should consider when determining whether to impose a suspended sentence. The court also needed to consider the matters that the Sentencing Judge had taken into account when imposing the original sentence and whether the least sentence properly imposed was a suspended sentence.
The court's reasoning and outcome in this case were based on a careful consideration of the relevant legal principles and the specific circumstances of Sparos's case. The court noted that the Sentencing Judge had considered all the relevant matters and had exercised their discretion to impose a suspended sentence. The court found that the Sentencing Judge had acted within their discretion and had not erred in law or fact. The Crown's appeal was dismissed, and the original sentence was upheld. The court also noted that the least sentence properly imposed in this case was a suspended sentence, given Sparos's age and other mitigating factors.
The legal issues that the court had to address included the scope of the court's discretion to dismiss an appeal against sentence, particularly in cases involving young offenders. The Crown's submissions to the Sentencing Judge raised questions about the factors that the court should consider when determining whether to impose a suspended sentence. The court also needed to consider the matters that the Sentencing Judge had taken into account when imposing the original sentence and whether the least sentence properly imposed was a suspended sentence.
The court's reasoning and outcome in this case were based on a careful consideration of the relevant legal principles and the specific circumstances of Sparos's case. The court noted that the Sentencing Judge had considered all the relevant matters and had exercised their discretion to impose a suspended sentence. The court found that the Sentencing Judge had acted within their discretion and had not erred in law or fact. The Crown's appeal was dismissed, and the original sentence was upheld. The court also noted that the least sentence properly imposed in this case was a suspended sentence, given Sparos's age and other mitigating factors.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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