Regina v Giacobello [2001] NSWCCA 473

Regina v Giacobello [2001] NSWCCA 473

The sentencing judge adequately took into account the applicant's early plea, cooperation, and expectation of financial gain; the sentence imposed was within the proper exercise of discretion.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
26 November 2001
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence and Appeal on Sentence
Outcome
leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'cultivation of Prohibited Plant' 'discount for Plea of Guilty']
['criminal Law'] ['sentencing' 'cultivation of Prohibited Plant' 'discount for Plea of Guilty']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence and Appeal on Sentence

Legal Issues

  1. 1 ["Whether the sentencing judge gave sufficient weight to the applicant's cooperation and plea of guilty" 'Whether the sentencing judge properly considered the absence of financial gain']

Ratio Decidendi

The sentencing judge adequately took into account the applicant's early plea, cooperation, and expectation of financial gain; the sentence imposed was within the proper exercise of discretion.

Court Disposition

leave to appeal granted; appeal dismissed

Orders

  • ['Leave to appeal granted' 'Appeal dismissed']