Riggio v R [2015] NSWCCA 223

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Riggio v R [2015] NSWCCA 223 Hearing dates: 13 August 2015 Date of orders: 19 August 2015 Decision date: 19 August 2015 Before: Bathurst CJ at [1] R A Hulme J at [3] Garling J at [6] Decision: Leave to appeal refused Catchwords: CRIMINAL LAW – appeal – sentence – supply prohibited drug – guilty plea – aggregate sentence imposed – where two similar offences with identical indicative sentences – whether 'blanket assessment' – whether error in use of applicant's prior offending – leave to appeal refused Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Drug Misuse and Trafficking Act 1985 Cases Cited: JM v R [2014] NSWCCA 297 Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 R v Brown [2012] NSWCCA 199 R v Olbrich [1999] HCA 54; (1999) 199 CLR 270, Veen v The Queen (No.2) [1988] HCA 14; (1988) 164 CLR 465 Texts Cited: Not Applicable Category: Principal judgment Parties: Fernando Riggio (Applicant) The Crown Representation: Counsel: K Averre (Applicant) M Cinque (Crown)

Solicitors: B Duchen (Applicant) C Hyland – Solicitor for Public Prosecutions (Crown) File Number(s): 2011/259280 Publication restriction: Not Applicable Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 25 July 2014 Before: McClintock DCJ File Number(s): 2011/259280