Skye Amber MIZZI v REGINA [2006] NSWCCA 194

New South Wales Court of Criminal Appeal

CITATION: Skye Amber MIZZI v REGINA [2006] NSWCCA 194

HEARING DATE(S): 15 June 2006

JUDGMENT DATE: 23 June 2006

JUDGMENT OF: Grove J at 1; Hidden J at 2; Kirby J at 25

DECISION: Leave to appeal granted, appeal dismissed.

CATCHWORDS: CRIMINAL LAW: application for leave to appeal against sentence - ongoing supply of heroin - form 1 matter - sentence of 3 years - non-parole period 18 months - to be served by way of periodic detention - whether manifestly excessive

LEGISLATION CITED: Drug Misuse and Trafficking Act 1985

CASES CITED: R v Smiroldo (2000) 112 A Crim R 47 R v Zamagias [2002] NSWCCA 17

PARTIES: Skye Amber MIZZI (applicant) REGINA (respondent)

FILE NUMBER(S): CCA 2006/1116

COUNSEL: Ms A Francis (applicant) Mr G Rowling (Crown)

SOLICITORS: C Hunter (applicant) S Kavanagh - Solicitor for Public Prosecutions (respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 05/21/3060

LOWER COURT JUDICIAL OFFICER: Sides DCJ

IN THE COURT OF CRIMINAL APPEAL CCA 2006/1116

GROVE J HIDDEN J KIRBY J

Friday 23 June 2006 Skye Amber Mizzi v Regina Judgment 1 GROVE J: I agree with Hidden J. 2 HIDDEN J: The applicant, Skye Amber Mizzi, pleaded guilty in the District Court to a charge of ongoing supply of heroin, an offence under s25A of the Drug Misuse and Trafficking Act, 1985 which carries a maximum sentence of twenty years imprisonment. She also asked than an offence of knowingly taking part in the supply of heroin be taken into account on a form 1. Taking that matter into account, the learned sentencing judge sentenced her to imprisonment for three years, with a non-parole period of eighteen months, to be served by way of periodic detention and to commence on 19 August 2005. She seeks leave to appeal against that sentence.