GRECO v REGINA [2010] NSWCCA 268

New South Wales Court of Criminal Appeal

CITATION: GRECO v REGINA [2010] NSWCCA 268

HEARING DATE(S): Monday 23 August 2010

JUDGMENT DATE: 25 November 2010

JUDGMENT OF: Beazley JA at 1; James J at 2; Hall J at 3

DECISION: Leave to appeal granted. Appeal dismissed

CATCHWORDS: Sentence for offence under s.23(2) of the Drug Misuse and Trafficking Act – applicant had a significant role in a cannabis cultivation plantation – estimated wholesale value of crop approximately $18.74 million – applicant arrested five years after police executed search warrant – applicant "disappeared" for about two years – order made against applicant under Criminal Assets Recovery Act for forfeiture of $407,084 – no financial benefit received by applicant from cannabis plantation, the crop not having reached harvesting stage – forfeiture order under s.27 made in respect of illegal activities of applicant in relevant six year period which were unrelated to the establishment and maintenance of the cannabis plantation – sentencing judge not required to reduce sentence having regard to the detriment to the applicant by reason of the forfeiture order – there were no exceptional circumstances requiring the s.27 order to be taken into account and no evidence of "a disproportionate or exceptional effect" on the applicant – not issue of parity established with respect to sentences imposed on co-offenders – the issue under Criminal Assets Recovery Act was of no relevance to the question of parity – sentencing judge took into account the issue of delay – no error demonstrated

Criminal Assets Recovery Act 1990 LEGISLATION CITED: Criminal Assets Recovery Regulations 2000 Drug Misuse & Trafficking Act 1985

Regina v Brough [1995] 1 NZLR 419 CASES CITED : Regina v Kalache [2000] NSWCCA 2 Regina v Mangano [2006] NSWCCA 35 Regina v Reeves [2002] NSWCCA 33