NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Michael Joseph Gattellari v R; Peter Jade McRae v R. [2007] NSWCCA 5 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 22 January 2007
JUDGMENT DATE: 22 January 2007
JUDGMENT OF: Beazley JA at 32; Buddin J at 1; Hislop J at 31
DECISION: In each case leave to appeal is granted but the appeal is dismissed.
CATCHWORDS: Cultivation of large commercial quantity of cannabis by co-offenders - assessment of value of pleas of guilty - whether sentences manifestly excessive - question of parity
Regina v Atonio (2005) 154 A Crim R 183 CASES CITED: R v Bloomfield (1998) 44 NSWLR 734 R v Morgan (1993) 70 A Crim R 368 R v Thomson & Houlton (2000) 49 NSWLR 383
Michael Joseph Gattellari (Applicant) PARTIES: Peter Jade McRae (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2006/2342; 2006/1853
C Smith (Applicant/Gattellari) COUNSEL: G Jauncey (Applicant/McRae) JA Girdham (Crown/Respondent)
S O'Connor (Applicant/Gattellari) SOLICITORS: Michael Bellingham (Applicant/McRae) S Kavanagh (Solicitor for Public Prosecutions/Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/21/0276
LOWER COURT JUDICIAL OFFICER: McLoughlin DCJ
LOWER COURT DATE OF DECISION: 24 January 2006
IN THE COURT OF CRIMINAL APPEAL 2006/2342 2006/1853
BEAZLEY JA BUDDIN J HISLOP J
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