NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : REGINA v SALDANERI [2001] NSWCCA 480 FILE NUMBER(S) : CCA 60136/01 HEARING DATE(S) : 19 November 2001 JUDGMENT DATE : 19 November 2001
PARTIES : Regina Paul Italo Saldaneri JUDGMENT OF : Spigelman CJ at 1, 25; Sully J at 23; Greg James J at 24
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/21/2109 LOWER COURT JUDICIAL Luland DCJ OFFICER :
COUNSEL : P Byrne SC / R C Nichol (Applicant) W G Dawe QC (Crown) SOLICITORS : Costa and Associates (Applicant) S E O'Connor (Crown) CATCHWORDS : CRIMINAL LAW - appeal against sentence - supply of prohibited drug - where sentencing judge required to direct that applicant be released at expiration of non-parole period - whether adequate discount on sentence for plea of guilty - whether appropriate weight given to subjective features - whether sentencing judge determined whether sentence should be suspended - special circumstances. LEGISLATION CITED : Drug Misuse and Trafficking Act 1985 Crimes (Sentencing Procedure) Act 1999 R v Thomson and Houlton (2000) 49 NSWLR 383 R v Blackman and Walters [2001] NSWCCA 121 CASES CITED: Dinsdale v The Queen (2000) 202 CLR 321 R v JCE [2000] NSWCCA 498 R v Keong [2001] NSWCCA 416 DECISION : 1. Leave to appeal against sentence granted; 2. Applicant to be released on parole on 22 May 2002; 3. Appeal otherwise dismissed.
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF CRIMINAL APPEAL
60136/01 SPIGELMAN CJ SULLY J SPERLING J
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