NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Sorbello v Regina [2006] NSWCCA 225
HEARING DATE(S): 24/07/2006
JUDGMENT DATE: 28 July 2006
JUDGMENT OF: Tobias JA at 1; McClellan CJ at CL at 2; Hoeben J at 3
DECISION: Leave to appeal granted. Appeal allowed. Applicant re-sentenced.
CATCHWORDS: Sentence appeal - parity - principle of equal justice even though offences not identical.
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985
CASES CITED: Bree V R [2006] NSWCCA 124) R v M [2005] NSWCCA 224
PARTIES: Frank Sorbello - Applicant Crown - Respondent
FILE NUMBER(S): CCA 2006/816
COUNSEL: S Odgers SC - Applicant D Frearson SC - Crown
SOLICITORS: Galloways - Applicant S Kavanagh - Solicitor for Public Prosecutions
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/11/0154
LOWER COURT JUDICIAL OFFICER: Nield DCJ
LOWER COURT DATE OF DECISION: 04/02/2005
IN THE COURT OF CRIMINAL APPEAL
2006/816
TOBIAS JA McCLELLAN CJ at CL HOEBEN J
Friday, 28 July, 2006 Frank SORBELLO v REGINA judgment 1 TOBIAS JA: I agree with Hoeben J. 2 McCLELLAN CJ at CL: I agree with Hoeben J. 3 HOEBEN J: Offences and sentence The applicant entered a plea of guilty to one count of supply a commercial quantity of drugs (MDMA, otherwise known as ecstasy) contrary to s25(2) Drug Misuse and Trafficking Act 1985. This offence took place on 22 July 2003. The plea of guilty was entered on arraignment on 19 March 2004. Two matters were taken into account on a Form 1 – possession of methylamphetamine (2.38g) and cocaine (1.38g). This offence carries a maximum sentence of 20 years imprisonment. Under s54A of the Crimes (Sentencing Procedure) Act 1999 (the Act) the offence carries a standard non-parole period of 10 years. 4 On 4 February 2005 Nield DCJ sentenced the applicant to imprisonment with a non-parole period of 5 years commencing 26 January 2005 and to expire on 25 January 2010 with a balance of term of 3 years to expire on 25 January 2013.
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