Casella v R [2019] NSWCCA 201

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Casella v R [2019] NSWCCA 201 Hearing dates: 21 June 2019 Date of orders: 29 August 2019 Decision date: 29 August 2019 Before: Bathurst CJ at [1]; Beech-Jones J at [103]; N Adams J at [109] Decision: (1) Grant the applicant leave to appeal. (2) Appeal allowed. (3) Quash the sentence imposed on the applicant on 21 September 2018. (4) Sentence the applicant to a term of imprisonment of 6 months to be served by way of an Intensive Correction Order. (5) Pursuant to s 73A of the Crimes (Sentencing Procedure) Act 1999 (NSW), impose the following conditions on the Intensive Correction Order: (a) The applicant must not commit any offence during the currency of Order 4. (b) During the currency of Order 4 the applicant must submit to supervision by a Community Corrections Officer. Catchwords: CRIME – Public justice offences – Conceal serious indictable offence – Concealment of serious indictable offences of cultivating large commercial quantity of prohibited plant and cultivating commercial quantity of a prohibited plant.

CRIME – Appeals – Appeal against sentence – Denial of procedural fairness – Alternatives to full-time imprisonment.

CRIME – Appeals – Appeal against sentence – Alternatives to full-time imprisonment – Whether sentencing judge erred in failing to consider alternatives.

CRIME – Appeals – Appeal against sentence – Manifest excess – Whether sentence imposed manifestly excessive – Sentence of 8 months full-time imprisonment.