R v SCIBERRAS [2006] NSWCCA 268

R v SCIBERRAS [2006] NSWCCA 268

The sentences imposed on counts 2 and 4 were manifestly inadequate having regard to the standard non-parole period and the relative seriousness of the respondent's offending; sentences should have been partly cumulative to reflect distinct criminal conduct in relation to separate drug types and quantities; subjective factors and plea of guilty justified a reduction, but not to the degree allowed at first instance.

Parties
Appellant: Regina; Respondent: Carmel Sciberras
Jurisdiction
Australia
Judgment Date
05 September 2006
Procedural Posture
Crown Appeal Against Sentence / Appeal Judgment
Outcome
Crown appeal allowed; sentences on counts 2 and 4 quashed and replaced; sentences on counts 1 and 3 confirmed.
Legal Topics
Sentencing, Drug Offences, Appeals, Standards for Non Parole Periods
Criminal Law Sentencing Drug Offences Appeals Standards for Non Parole Periods

Case Brief

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Parties

Regina

Appellant

Carmel Sciberras

Respondent

Procedural Posture

Crown Appeal Against Sentence / Appeal Judgment

Legal Issues

  1. 1 Whether the sentences imposed were manifestly inadequate
  2. 2 Appropriate consideration of standard non-parole periods in sentencing for commercial drug supply offences
  3. 3 Whether sentences should have been made partly cumulative

Ratio Decidendi

The sentences imposed on counts 2 and 4 were manifestly inadequate having regard to the standard non-parole period and the relative seriousness of the respondent's offending; sentences should have been partly cumulative to reflect distinct criminal conduct in relation to separate drug types and quantities; subjective factors and plea of guilty justified a reduction, but not to the degree allowed at first instance.

Court Disposition

Crown appeal allowed; sentences on counts 2 and 4 quashed and replaced; sentences on counts 1 and 3 confirmed.

Orders

  • Grant leave to appeal.
  • Allow the appeal.