NSW Caselaw
Reported Decision : 160 A Crim R 480
New South Wales Court of Criminal Appeal
CITATION: R v Mangano [2006] NSWCCA 35 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 17 January 2006
JUDGMENT DATE: 24 February 2006
JUDGMENT OF: Basten JA at 1; Howie J at 63; Hall J at 64
DECISION: Crown appeal allowed and sentence imposed by the District Court on 9 September 2005 quashed; in substitution therefor the Respondent is sentenced to a non-parole period of two years and five months commencing on 17 September 2005 and expiring on 16 February 2008, with a balance of sentence of two years terminating on 16 February 2010. The sentence is to be served in full-time custody.
CATCHWORDS: CRIMINAL LAW - SENTENCING - offence under s23(2)(a) of the Drug Misuse and Trafficking Act 1985 (NSW) - Crown appeal under s5D(1) of the Criminal Appeal Act 1912 (NSW) - cultivation of large commercial quantity of cannabis plants - whether sentencing judge failed to impose an adequate sentence - role in the cultivation - determination of appropriate starting point for calculation of sentence - consideration of the manner in which the contents of a 'Form 1' should be taken into account - consideration of appropriateness of periodic detention - assistance provided to authorities - consideration of s23 of the Crimes (Sentencing Procedure) Act 1999 (NSW) - whether mandatory considerations in s23(2) taken into account - whether sentence unreasonably disproportionate to the nature and circumstances of the offence
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 6, 21, 21A, 23, 32, 33, 44 LEGISLATION CITED: Criminal Appeal Act 1912 (NSW), s5D Drug Misuse and Trafficking Act 1985 (NSW), ss 23, 33
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