Lupica v R [2024] NSWCCA 111

Lupica v R [2024] NSWCCA 111

There were material differences between the applicant and the co-offender such that the parity principle was not engaged; the discretionary refusal to backdate the sentence in light of repeated re-offending while under conditional liberty was proper; no House v The King error or double counting occurred; the aggregate sentence for eight offences committed during periods of conditional liberty was not excessive or unjust.

Parties
Applicant: Ricky Lupica; Respondent: Rex
Jurisdiction
Australia
Judgment Date
03 July 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Appeals, Sentencing, Drug Court, Parity Principle, Totality Principle, Delay in Sentencing, Manifest Excess, Aggregate Sentences, Conditional Liberty, Non Parole Period
Criminal Law Appeals Sentencing Drug Court Parity Principle Totality Principle Delay in Sentencing Manifest Excess +3 more

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Parties

Ricky Lupica

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred regarding parity between the applicant and co-offender
  2. 2 Whether the sentencing judge erred in the approach to totality and delay, including the commencement date of sentence
  3. 3 Whether the sentence is manifestly excessive

Ratio Decidendi

There were material differences between the applicant and the co-offender such that the parity principle was not engaged; the discretionary refusal to backdate the sentence in light of repeated re-offending while under conditional liberty was proper; no House v The King error or double counting occurred; the aggregate sentence for eight offences committed during periods of conditional liberty was not excessive or unjust.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Grant leave to appeal.
  • Dismiss the appeal.