Cicciarello v Regina [2009] NSWCCA 272

Cicciarello v Regina [2009] NSWCCA 272

The sentencing judge erred by characterising the drug supply offence as committed for financial gain despite accepting evidence that the proceeds were used to support the applicant's own drug addiction, and by treating the series of acts that founded the more serious commercial quantity charge as an additional aggravating factor. Those errors led to an erroneous assessment of the offence as mid-range in objective seriousness, so a less severe sentence was warranted in law.

Jurisdiction
Australia
Judgment Date
11 November 2009
Procedural Posture
Criminal Appeal Against Sentence / Application for Extension of Time and Leave to Appeal From Sentences Imposed in the District Court
Outcome
Extension of time granted, leave to appeal granted, appeal allowed, sentences quashed, and the applicant resentenced.
Legal Topics
['drug Supply' 'commercial Quantity of Methylamphetamine' 'possession of Unlicensed Firearm' 'objective Seriousness' 'aggravating Factors' 'financial Gain' 'double Counting' 'series of Criminal Acts']
['criminal Law' 'sentencing'] ['drug Supply' 'commercial Quantity of Methylamphetamine' 'possession of Unlicensed Firearm' 'objective Seriousness' 'aggravating Factors' 'financial Gain' 'double Counting' 'series of Criminal Acts']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Extension of Time and Leave to Appeal From Sentences Imposed in the District Court

Legal Issues

  1. 1 ['Whether the sentencing judge erred in assessing the drug supply offence as within the mid-range of objective seriousness.' 'Whether the sentencing judge erred in finding that the drug supply offence was committed for financial gain.' 'Whether the sentencing judge erred in taking into account as an aggravating factor that the drug supply offence comprised a series of criminal acts.']

Ratio Decidendi

The sentencing judge erred by characterising the drug supply offence as committed for financial gain despite accepting evidence that the proceeds were used to support the applicant's own drug addiction, and by treating the series of acts that founded the more serious commercial quantity charge as an additional aggravating factor. Those errors led to an erroneous assessment of the offence as mid-range in objective seriousness, so a less severe sentence was warranted in law.

Court Disposition

Extension of time granted, leave to appeal granted, appeal allowed, sentences quashed, and the applicant resentenced.

Orders

  • ['Extend time for the applicant to give notice of intention to appeal or to give notice of intention to apply for leave to appeal to 2 July 2009.' 'Grant leave to appeal.' 'Allow the appeal.' 'Quash the sentences imposed on the applicant by Sorby DCJ in the District Court on 22 August 2008.' 'As to count one, impose...