BARBARO v REGINA [2006] NSWCCA 180

New South Wales Court of Criminal Appeal

CITATION: BARBARO v REGINA [2006] NSWCCA 180

HEARING DATE(S): 3 May 2006

JUDGMENT DATE: 3 May 2006

JUDGMENT OF: McClellan CJ at CL at 1; Hall J at 44; Latham J at 45

DECISION: Dismiss the appeal

CATCHWORDS: CRIMINAL LAW - supply of a prohibited drug - methylamphetamine - appeal against sentence - whether a correct application of s 21A - whether the judge erred in taking criminal history into account as an aggravating feature - parity - whether judge correctly took into account th ematter on the Form 1 - whether insufficient weight given to family hardship - whether sentence manifestly excessive

LEGISLATION CITED: Drugs Misuse and Trafficking Act 1985 Crimes (Sentencing Procedure) Act 1999

R v Hathaway [2005] NSWCCA 368 CASES CITED: Postiglione v The Queen (1997) 189 CLR 295 R v Wickham [2004] NSWCCA 193

PARTIES: Guiseppe Barbaro (Appl) The Crown

FILE NUMBER(S): CCA 2006/550

COUNSEL: T A Game SC (Appl) D Arnott SC (Crown)

SOLICITORS: Kings Lawyers (Appl) Director of Public Prosecutions (Crown)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 04/11/1390

LOWER COURT JUDICIAL OFFICER: Dodd DCJ

LOWER COURT DATE OF DECISION: 17 March 2005

IN THE COURT OF CRIMINAL APPEAL 2006/550

McCLELLAN CJ at CL HALL J LATHAM J

WEDNESDAY 3 MAY 2006 BARBARO, Guiseppe Dom v REGINA Judgment 1 McCLELLAN CJ at CL: The applicant pleaded guilty on indictment to a charge that between 16 August 2002 and 26 August 2002 at Sydney in the State of New South Wales and elsewhere he supplied a prohibited drug, namely methylamphetamine contrary to s 25(1) of the Drugs Misuse and Trafficking Act 1985. He also asked that one similar offence on a Form 1 of supplying 188 grams of methylamphetamine be taken into account. 2 The maximum penalty for each offence was imprisonment for 15 years. 3 The applicant seeks leave to appeal and relied upon five grounds.