Pellegrino v R [2014] NSWCCA 287

Pellegrino v R [2014] NSWCCA 287

The sentencing judge erred in assessing the supply prohibited drug offence as above the middle of the range of objective seriousness because the quantity, although high purity and sourced by the applicant, was only just within the indictable range. The sentence for that offence was manifestly excessive. However, the assessment of the shortened Beretta shotgun offence as mid-range was open because it was easily concealable, possessed by a criminally minded offender in the context of drug manufacture and supply, and found with ammunition. Although no more than 4 years was appropriate for the supply offence, the firearm sentence should not have been wholly subsumed; the overall term of 5...

Jurisdiction
Australia
Judgment Date
28 November 2014
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['drug Offences' 'firearm Offences' 'manifest Excess' 'objective Seriousness' 'accumulation of Sentences' 'form 1 Matters']
['criminal Law' 'sentencing'] ['drug Offences' 'firearm Offences' 'manifest Excess' 'objective Seriousness' 'accumulation of Sentences' 'form 1 Matters']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentence for the supply prohibited drug offence was manifestly excessive.' 'Whether the sentence for the possess unauthorised prohibited firearm offence was manifestly excessive.' 'Whether the degree of accumulation of the sentence imposed for the possess prohibited firearm offence was too great.' 'Whether, despite error in the sentence for the supply offence, a lesser overall sentence was warranted.']

Ratio Decidendi

The sentencing judge erred in assessing the supply prohibited drug offence as above the middle of the range of objective seriousness because the quantity, although high purity and sourced by the applicant, was only just within the indictable range. The sentence for that offence was manifestly excessive. However, the assessment of the shortened Beretta shotgun offence as mid-range was open because it was easily concealable, possessed by a criminally minded offender in the context of drug manufacture and supply, and found with ammunition. Although no more than 4 years was appropriate for the supply offence, the firearm sentence should not have been wholly subsumed; the overall term of 5...

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Leave to appeal against sentence granted.' 'Appeal dismissed.']