Regina v Pedavoli [2002] NSWCCA 87

Reported Decision : (2002) 128 A Crim R 137

New South Wales Court of Criminal Appeal

CITATION : Regina v Pedavoli [2002] NSWCCA 87 FILE NUMBER(S) : CCA 60634/01 HEARING DATE(S) : 01.03.02 JUDGMENT DATE : 22 March 2002

PARTIES : Crown - Applicant Dominic Anthony Pedavoli - Respondent JUDGMENT OF : Sheller JA at 1; Grove J at 2; Simpson J at 3

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/11/0793 LOWER COURT JUDICIAL Norrish DCJ OFFICER :

COUNSEL : P J P Power (Crown/Appl) P R Boulten (Resp) SOLICITORS : S E O'Connor (Crown/Appl) R F Bergagnin & Co (Resp) CATCHWORDS : Crown appeal against inadequacy of sentence - drug offences committed whilst on bail for other drug offence - principle of totality - sentence manifestly inadequate LEGISLATION CITED : Drug Misuse and Trafficking Act 1985 Crimes (Sentencing Procedure) Act 1999 CASES CITED: R v Hajjo, NSWCCA, unreported, 31 August 1992 R v White, NSWCCA, unreported, 20 August 1998 DECISION : Ref para 31

IN THE COURT OF CRIMINAL APPEAL 60634/01

SHELLER JA GROVE J SIMPSON J

22 March 2002 Regina v Dominic Anthony PEDAVOLI Judgment 1 SHELLER JA: I agree with Simpson J. 2 GROVE J: I agree with Simpson J.

3 SIMPSON J: This is a Crown appeal against the asserted leniency of a sentence imposed upon the respondent in the District Court on 29 August 2001, following his plea of guilty to a charge that, between 14 April 1999 and 27 August 1999, he knowingly took part in the manufacture of not less than a large commercial quantity of amphetamine. By ss24(2) and 33(3) of the Drug Misuse and Trafficking Act 1985 the respondent was exposed to a maximum custodial penalty of imprisonment for life. The respondent was in fact sentenced to a total term of imprisonment for four years with a non-parole period of fifteen months, commencing on 1 September 2001, at the expiration of sentences to which he was already subject.