Pellegrino v R [2014] NSWCCA 287

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Pellegrino v R [2014] NSWCCA 287 Hearing dates: 18 November 2014 Decision date: 28 November 2014 Before: Price J at [1]; McCallum J at [2]; R A Hulme J at [3] Decision: 1. Leave to appeal against sentence granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW - appeal against sentence - drug and firearm offences - quantity of drug for supply just within indictable range - offence of supply prohibited drug not above mid-range objective seriousness - sentence for supply manifestly excessive - finding that offence of possess prohibited unauthorised firearm was in mid-range objective seriousness was open - weapon was altered to conceal and found to be possessed by "criminally minded" offender - found in context of drug manufacture and supply activity and with ammunition - despite manifest excess for supply offence, no lesser overall sentence required in law Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: AB v The Queen [1999] HCA 46; 198 CLR 111 Carroll v The Queen [2009] HCA 13; 254 CLR 259 Hili v The Queen; Jones v The Queen [2010] HCA 45; 244 CLR 520 Kentwell v The Queen [2014] HCA 37 Markarian v The Queen [2005] HCA 25; 228 CLR 357 R v Hughes [2005] NSWCCA 235 Skocic v R [2014] NSWCCA 225 Tran v R [2013] NSWCCA 322 Category: Principal judgment Parties: Christopher Pellegrino (Applicant) Regina (Respondent) Representation: Counsel: Mr J Stratton SC (Applicant) Mr N J Adams (Crown) Solicitors: Baker Ryrie Rickards Titmarsh Solicitor for Public Prosecutions File Number(s): 2012/69160 Decision under appeal Jurisdiction: 9101 Date of Decision: 2013-09-05 00:00:00 Before: Arnott SC DCJ File Number(s): 2012/69160