JASPER, Matthew John - CCA, 8.7.2003
139 A Crim R 329Mason P, Dowd & Adams JJCitation: R v Jasper  NSWCCA 186Crown appeal against orders.Respondent, who was a police officer, entered into corrupt arrangements with a heroin dealer (Vincent Caccamo). He pleaded guilty to 4 of the 6 counts contained in the indictment but sought a permanent stay of proceedings on 2 charges alleging that he 'did supply a prohibited drug, namely heroin' on the basis that such charges were doomed to fail. Dunford J upheld this proposition on the basis that there was no evidence of the essential element of 'supply'.The issue on appeal was whether the facts as agreed were arguably capable of supporting the charges of 'supply' within the terms of s.3
Drug Misuse and Trafficking Act 1985. More specifically, the issue was whether the respondent 'suffered' or 'permitted' the supply of heroin by the heroin dealer.Appeal allowed: orders set aside.