R v SIROCIC [2000] NSWCCA 447

New South Wales Court of Criminal Appeal

CITATION : R v SIROCIC [2000] NSWCCA 447 FILE NUMBER(S) : CCA 60014/00 HEARING DATE(S) : 24 October 2000 JUDGMENT DATE : 26 October 2000

PARTIES : Christopher Julian Sirocic - Appellant Crown - Respondent JUDGMENT OF : Sheller JA at 1; Dowd J at 21; Smart AJ at 22

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/51/0183 LOWER COURT JUDICIAL Twigg DCJ OFFICER :

COUNSEL : Appellant - In Person (Conviction) - R J Button (Severity) Crown - P Hock SOLICITORS : Appellant - D J Humphreys (Severity) Crown - S E O'Connor CATCHWORDS : CULTIVATION OF PROHIBITED PLANTS - appeal against sentence - where trial Judge made no findings of the number of cannabis plants - where applicant has serious criminal history - whether sentence manifestly excessive - Drug Misuse and Trafficking Act 1985, s23 LEGISLATION CITED : Drug Misuse and Trafficking Act 1985 R v Pilley (1991) 56 A CrimR 202 CASES CITED: R v Wong (1999) 108 A CrimR 531 R v Davis (2000) NSWCCA 244 R v Crombie (1999) NSWCCA 297 DECISION : 1. Grant leave to appeal out of time; 2. Appeal allowed; 3. Quash the sentence imposed on 9 December 1999 by his Honour Judge Twigg; 4. In lieu thereof, the applicant is sentenced to imprisonment for a period of eighteen months to commence on 9 December 1999 and expire on 8 June 2001 with a non-parole period of twelve months to expire on 8 December 2000.; 5. Direct that the applicant be released on parole at the end of the non-parole period.

IN THE COURT OF

CRIMINAL APPEAL CCA 60014/2000