NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Smaragdis v R [2010] NSWCCA 276
HEARING DATE(S): 22 October 2010
JUDGMENT DATE: 30 November 2010
JUDGMENT OF: Simpson J at 1; Fullerton J at 2; RA Hulme J at 56
1. Leave to appeal against sentence granted. 2. Appeal allowed. DECISION: 3. Sentences imposed in the District Court quashed and in lieu thereof the following sentences are imposed: On the count of knowingly dealing with the proceeds of crime - a fixed term of 6 months commencing on 25 January 2010 and expiring on 24 July 2010. On the count of possessing the prohibited weapon - a non-parole period of 6 months commencing on 25 April 2010 expiring on 24 October 2010 and a balance of term of 4 months expiring on 24 February 2011. On the count of supplying cocaine - a non-parole period of 14 months to date from 25 September 2010 and expiring on 24 November 2011 with an additional term of 11 months expiring on 24 October 2012.
CATCHWORDS: CRIMINAL LAW - appeal against sentence - supply prohibited drug - knowingly deal with proceeds of crime - possess prohibited weapon - whether sentencing judge failed to properly consider alternatives to full-time custody - whether sentencing judge failed to properly account for remorse - exceptional circumstances - whether sentences manifestly excessive - structure of sentence
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Weapons Prohibition Act 1998
Clarke v R [2009] NSWCCA 49 Hayek v R [2010] NSWCCA 139 Kite v R [2009] NSWCCA 12 Pham v R [2010] NSWCCA 208 R v Cacciola [1998] NSWSC 531; 104 A Crim R 178 R v Carrion [2000] NSWCCA 191; 49 NSWLR 149 R v Clark (Court of Criminal Appeal, 15 March 1990, unreported) CASES CITED : R v Curtis (Court of Criminal Appeal, 22 April 1993, unreported) R v Douar [2005] NSWCCA 455; 159 A Crim R 154 R v Harmouche [2005] NSWCCA 398; 158 A Crim R 357 R v Hawkins (Court of Criminal Appeal, 12 September 1991, unreported) R v McArthur [2002] NSWCCA 390 R v Nasr [2004] NSWCCA 441 R v Saba [2006] NSWCCA 214 Santos v R [2010] NSWCCA 127 Vuni v R [2006] NSWCCA 171
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