Mammone (Pino) v R [2013] NSWCCA 325

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Mammone (Pino) v R [2013] NSWCCA 325 Hearing dates: 14 November 2013 Decision date: 20 December 2013 Before: Macfarlan JA at [1] Latham J at [2] R A Hulme J at [47] Decision: 1. Leave to appeal granted 2. Allow the appeal in part 3. Quash the sentences imposed by Knox SC DCJ and in lieu impose the following aggregate sentence - A non-parole period of six years and one month is imposed to date from 10 March 2010 expiring 9 April 2016 with a balance of term of three years expiring 9 April 2019. Catchwords: CRIMINAL LAW - application seeking leave to appeal sentence - plea of guilty - aggregate sentence - manufacture commercial quantity of prohibited drug (methylamphetamine) and knowingly take part in supply of not less than commercial quantity of prohibited drug - further offences of possess drug manufacturing apparatus, possess unregistered firearm, not keep firearm safely - whether proper discount for pleas of guilty - whether sentence for possess unregistered firearm manifestly excessive - utilitarian value of plea should be separately considered for each offence - sentence not plainly unjust - leave to appeal granted - appeal allowed in part - sentences quashed and sentences imposed in lieu Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Firearms Act 1966 Cases Cited: Collier v R [2012] NSWCCA 213 Hristovkski v R [2010] NSWCCA 129 Lipchin v R [2013] NSWCCA 77 Mammone v R [2013] NSWCCA 95 R v Borkowski [2009] NSWCCA 102 ; 195 A Crim R 1 SGJ v R; Ku v R [2008] NSWCCA 258 Category: Principal judgment Parties: Pino Mammone - (Applicant) Regina - (Crown Respondent) Representation: Counsel P Coady - (Applicant) S Herbert - (Crown Respondent) Solicitors Legal Aid NSW - (Applicant) Solicitor for Public Prosecutions - (Crown Respondent) File Number(s): 2010/61604 Decision under appeal Date of Decision: 2012-03-16 00:00:00 Before: BJ Knox SC DCJ File Number(s): 2010/61604