Regina v Saba [2006] NSWCCA 214

New South Wales Court of Criminal Appeal

CITATION: Regina v Saba [2006] NSWCCA 214 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 12 July 2006

JUDGMENT DATE: 12 July 2006

JUDGMENT OF: Handley JA at 1; Kirby J at 32; Hoeben J at 42

EX TEMPORE JUDGMENT DATE: 07/12/2006

DECISION: (1) Appeal allowed.; (2) Sentences imposed by McGuire DCJ quashed.; (3) In lieu thereof the prisoner is sentenced on the first count, taking into account the matters on the Form 1, to a sentence of three years to commence on 24 June 2005 and expire on 23 June 2008 with a non-parole period of 18 months to commence on 24 June 2005, and expire on 23 December 2006.; (4) On counts 2, 3, 4 and 5 the prisoner is sentenced to two years imprisonment to commence on 24 June 2005 and expire on 23 June 2007, with a non-parole period of 12 months to commence on 24 June 2005 and expire on 23 June 2006.; (5) All sentences are to be concurrent with each other and with the sentence imposed on the first count.

CATCHWORDS: CRIMINAL APPEAL – sentencing – Crown appeal – wholesale drug dealer – rehabilitation – full-time custody on remand – sentence of periodic detention – appeal allowed

Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Criminal Appeal Act 1912 Drug Misuse and Trafficking Act 1985

Pearce v The Queen (1998) 194 CLR 610 R v Betwell (NSWCCA, 4 December 1990, unreported) CASES CITED: R v Cacciola (1998) 104 A Crim R 178 R v Carrion (2002) 49 NSWLR 149 R v Clarke (NSWCCA, 15 March 1990, unreported) R v Thompson (NSWCCA, 4 April 1991, unreported)