R v Mangano [2006] NSWCCA 35

R v Mangano [2006] NSWCCA 35

The sentencing judge erred in law by adopting too low a starting point; failing to give adequate weight to the seriousness of the offence, the respondent's role, and the Form 1 offences; and imposing an unreasonably disproportionate sentence by way of periodic detention. A proper sentence, applying a 50% discount for plea and assistance and correcting for time served and proportionality, was a non-parole period of 2 years 5 months (commencing 17 September 2005) and a balance of two years, to be served in full-time custody.

Parties
Appellant: Crown; Respondent: Ignazio Mangano
Jurisdiction
Australia
Judgment Date
24 February 2006
Procedural Posture
Crown Appeal / Determination of Appeal Against Sentence From District Court (sentence Appeal)
Outcome
Crown appeal allowed; original sentence quashed; new sentence imposed.
Legal Topics
Sentencing, Cultivation of Prohibited Plants, Crown Appeal, Drug Offences, Assistance to Authorities, Periodic Detention, Non Parole Period, Discount for Plea and Assistance
Criminal Law Sentencing Cultivation of Prohibited Plants Crown Appeal Drug Offences Assistance to Authorities Periodic Detention Non Parole Period +1 more

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Parties

Crown

Appellant

Ignazio Mangano

Respondent

Procedural Posture

Crown Appeal / Determination of Appeal Against Sentence From District Court (sentence Appeal)

Legal Issues

  1. 1 Whether the sentencing judge erred in imposing a manifestly inadequate sentence for cultivation of cannabis plants (large commercial quantity)
  2. 2 Whether appropriate weight was given to the seriousness of the offence and respondent's role
  3. 3 Whether proper approach was taken to Form 1 additional offences

Ratio Decidendi

The sentencing judge erred in law by adopting too low a starting point; failing to give adequate weight to the seriousness of the offence, the respondent's role, and the Form 1 offences; and imposing an unreasonably disproportionate sentence by way of periodic detention. A proper sentence, applying a 50% discount for plea and assistance and correcting for time served and proportionality, was a non-parole period of 2 years 5 months (commencing 17 September 2005) and a balance of two years, to be served in full-time custody.

Court Disposition

Crown appeal allowed; original sentence quashed; new sentence imposed.

Orders

  • Sentence imposed by District Court on 9 September 2005 quashed.
  • Respondent sentenced to a non-parole period of two years and five months commencing on 17 September 2005 and expiring on 16 February 2008.