Spaliviero v R [2012] NSWCCA 189

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Spaliviero v R [2012] NSWCCA 189 Hearing dates: 16 December 2011 Decision date: 29 August 2012 Before: Simpson J at 1 Hislop J at 2 Latham J at 3 Decision: (i) Leave to appeal granted.

(ii) Appeal allowed.

(iii) Quash the sentence imposed by Blackmore SC DCJ on 3 December 2010.

(iv) In lieu, taking into account the offences on the Form 1, impose a non parole period of 11 years, to date from 26 October 2006, expiring 25 October 2017, with a balance of term of 4 years, expiring 25 October 2021.

(v) The applicant is eligible for release on 26 October 2017. Catchwords: CRIMINAL LAW - appeal against sentence - knowingly take part in the manufacture of a large commercial quantity of ecstasy (MDMA) - discount applicable to sentence - whether the trial judge erred in the approach to the applicant's mental disorder - whether the trial judge erred in the approach to the applicant's assistance Cases Cited: R v Wright (1997) 93 A Crim R 48 R v Z [2006] NSWCCA 342 ; 167 A Crim R 436 Markarian v R [2005] HCA 25 ; 215 ALR 213 R v Baxter [2007] NSWCCA 237 R v Israil [2002] NSWCCA 255 R v Sukkar (2006) 172 A Crim R 151 FS v The Queen [2009] NSWCCA 301 R v Totten [2003] NSWCCA 207 Category: Principal judgment Parties: Steven Wayne Spaliviero - (Applicant) Regina - (Respondent) Representation: Counsel: P Hamill SC - (Applicant) P Ingram SC - (Crown)