NSW Caselaw
New South Wales Supreme Court
CITATION : Regina v Canino [2002] NSWSC 161 FILE NUMBER(S) : SC 60914/01 HEARING DATE(S) : 6/3/02 JUDGMENT DATE : 8 March 2002
PARTIES : Regina Charles Canino JUDGMENT OF : O'Keefe J at 1; Stein JA at 26; Buddin J at 27
LOWER COURT District Court JURISDICTION : LOWER COURT FILE NUMBER(S) : LOWER COURT Coorey DCJ JUDICIAL OFFICER :
COUNSEL : Crown - Ms Woodburne Respondent - Odgers SC SOLICITORS : CATCHWORDS : Criminal Law - Sentencing - Crown appeal - Knowingly take part in supply of prohibited drugs - Cannabis - Sentence manifestly inadequate - Parity - Definition of involvement of offender - Comparison of objective involvement in criminal enterprise - Comparison of subjective situation of offenders - Custodial sentence appropriate - Special circumstances LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999, s 44(2) Criminal Appeal Act 1912, s 5D CASES CITED : Lowe v The Queen (1984) 154 CLR 606 DECISION : 1. Crown appeal allowed; 2. Existing sentence quashed; 3. Respondent, Charles Canino, sentenced to imprisonment for two years to commence on 6 March, 2002 and to expire on 5 March, 2004; 4. Respondent, Charles Canino, is to become eligible for parole on 6 December, 2002.
- 2 - IN THE COURT OF CRIMINAL APPEAL 60914/01
Stein JA O'Keefe J Buddin J
8 March 2002 Regina v CHARLES CANINO Judgment 1 O'KEEFE J: This appeal was heard on 6 March, 2002. On that date the Court made orders as follows:
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