NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Tony LICASTRO v R [2008] NSWCCA 131
HEARING DATE(S): 6 June 2008
JUDGMENT DATE: 22 July 2008
JUDGMENT OF: McClellan CJ at CL at 1; Simpson J at 2; Hidden J at 39
DECISION: Leave to appeal granted. Appeal dismissed.
CATCHWORDS: CRIMINAL LAW - appeal against sentence - knowingly take part in the cultivation of not less than the large commercial quantity of prohibited plants - parity principle - whether applicant likely to re-offend - whether prior criminal convictions taken into account - whether sentence manifestly excessive - appeal dismissed
LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 Crimes (Sentencing Procedure) Act 1999
CATEGORY: Principal judgment
CASES CITED : R v Blair [2005] NSWCCA 78; 152 A Crim R 462 R v McKenna [2007] NSWCCA 113
PARTIES: Tony LICASTRO (applicant) REGINA (respondent)
FILE NUMBER(S): CCA 2006/5087
COUNSEL: C Nash & D Kang (applicant) N Adams (respondent)
SOLICITORS: CBD Legal Lawyers (applicant) S Kavanagh - Solicitor for Public Prosecutions (respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/11/0325
LOWER COURT JUDICIAL OFFICER: Boulton ADCJ
IN THE COURT OF CRIMINAL APPEAL
2006/5087
McCLELLAN CJ at CL SIMPSON J HIDDEN J
22 July 2008
Tony LICASTRO v R Judgment 1 McCLELLAN CJ at CL: I agree with Simpson J. 2 SIMPSON J: The applicant seeks leave to appeal against a sentence imposed upon him in the District Court on 11 September 2006 by Boulton ADCJ following his conviction (after trial by judge alone) of a single count of knowingly taking part in the cultivation of not less than the large commercial quantity of prohibited plants (cannabis) contrary to s 23(2)(a) of the Drug Misuse and Trafficking Act 1985. He has not appealed against the conviction. 3 By s 33 of the Drug Misuse and Trafficking Act the conviction exposed the applicant to a maximum custodial penalty of imprisonment for 20 years. Boulton ADCJ sentenced the applicant to a total term of imprisonment for 8 years made up of a non-parole period of 6 years and a balance of term of 2 years, commencing 4 July 2006.
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