Romano v R; Romano v R [2009] NSWCCA 63

Romano v R; Romano v R [2009] NSWCCA 63

Neither applicant demonstrated sentencing error. The differences in roles and criminality justified the sentences imposed. The discount for Nicola Romano’s late plea was not erroneous. No justifiable sense of grievance arose from comparisons to co-offenders. Sentences lay well within the proper range of sentencing discretion.

Parties
Applicant: Nicola Romano; Applicant: Luigi Romano; Respondent: Regina
Jurisdiction
Australia
Judgment Date
13 March 2009
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Judgment
Outcome
Appeals dismissed
Legal Topics
Sentencing, Cannabis Cultivation, Form 1 Procedure, Parity, Utilitarian Value of Guilty Plea, Role in Criminal Hierarchy, Manifest Excess in Sentencing
Criminal Law Sentencing Cannabis Cultivation Form 1 Procedure Parity Utilitarian Value of Guilty Plea Role in Criminal Hierarchy Manifest Excess in Sentencing

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Parties

Nicola Romano

Applicant

Luigi Romano

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Judgment

Legal Issues

  1. 1 Whether the sentencing judge made errors in sentencing Nicola Romano and Luigi Romano
  2. 2 Whether there were errors regarding the utilitarian discount for a late guilty plea
  3. 3 Whether there was a justifiable sense of grievance in comparing the sentences of co-offenders (parity)

Ratio Decidendi

Neither applicant demonstrated sentencing error. The differences in roles and criminality justified the sentences imposed. The discount for Nicola Romano’s late plea was not erroneous. No justifiable sense of grievance arose from comparisons to co-offenders. Sentences lay well within the proper range of sentencing discretion.

Court Disposition

Appeals dismissed

Orders

  • In the applications of Nicola Romano and Luigi Romano, grant leave to appeal against sentence but dismiss the appeals.