Livas v Regina [2006] NSWCCA 54

New South Wales Court of Criminal Appeal

CITATION: Livas v Regina [2006] NSWCCA 54 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 2 February 2006

JUDGMENT DATE: 10 March 2006

JUDGMENT OF: Grove J at 1; Rothman J at 2

DECISION: a Leave to appeal be granted; b The appeal be allowed; c The sentence imposed by his Honour Judge Hosking SC on 5 April 2005 be quashed and in lieu thereof the Court impose the following sentence: (i) Imprisonment for a term of 6 months to date from 1 February 2006 and to expire on 31 July 2006; (ii) Under s.12 of the Crimes (Sentencing Procedure) Act 1999 I order the execution of such sentence be suspended for the term of the sentence; (iii) I direct that the prisoner be released from custody on condition that the prisoner enter into a good behaviour bond for the term of the sentence. Conditions applying during the term of the bond are as follows: (a) To appear before the Court if called upon to do so at any time; (b) To be of good behaviour; (c) To advise the Registrar of the Court of any change in residential address; (d) To report to the office of the NSW Probation and Parole Service within 48 hours; (e) To accept the supervision, and obey all reasonable directions, of the NSW Probation and Parole Service during the term of the bond; (f) Not to consume any prohibited substance; (g) Such other standard conditions as are required by the NSW Probation and Parole Service.

CATCHWORDS: Criminal law - sentencing - parity in sentencing - discretion - constraint on exercise of discretion - matters relevant to discretion - prohibited drugs - meaning of trafficking - necessity for full-time custodial sentence for isolated technical supply