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R v Galati

R v Galati

Case [2003] NSWCCA 148 26 May 2003

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NEW SOUTH WALES COURT OF CRIMINAL APPEAL

CITATION: R v Galati [2003] NSWCCA 148

FILE NUMBER(S):
060069/03

HEARING DATE(S): 26/05/03

JUDGMENT DATE: 26/05/2003

PARTIES:
Regina v Dominic Joseph Galati

JUDGMENT OF: James J Smart AJ

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 02/11/0386

LOWER COURT JUDICIAL OFFICER: Shillington DCJ

COUNSEL:
HK Dhanji - Applicant
D Howard - Respondent

SOLICITORS:
DJ Humphreys - Applicant
SE O'Connor - Respondent

CATCHWORDS:
Criminal law - appeal against sentence - drugs - guilty plea - utilitarian value - pre-sentence custody - sentence calculations

LEGISLATION CITED:
Crimes (Sentencing Procedure) Act

DECISION:
Appeal against sentence allowed

JUDGMENT:

IN THE COURT OF
CRIMINAL APPEAL

060069/03
JAMES J
SMART AJ
MONDAY 26 MAY 2003

REGINA v DOMINIC JOSEPH GALATI

Judgment

JAMES J: Dominic Joseph Galati has applied for leave to appeal against sentences imposed on him in the District Court on 29 August 2002 by his Honour Acting Judge Shillington.
His Honour sentenced the applicant for four offences, namely (1) supplying a prohibited drug methylamphetamine on 16 October 2001, the quantity of the drug being 22.75 grams (2) supplying a prohibited drug 3.4 methylenedioxy methylamphetamine on 16 October 2001, the quantity of the drug being 19.04 grams (3) supplying a prohibited drug methylamphetamine on 17 January 2002, the quantity of the drug being 36.88 grams (4) supplying a prohibited drug methylamphetamine on 17 January 2002, the quantity of the drug being one gram.
In sentencing the applicant for the first offence the sentencing judge took into account thirteen other offences consisting mainly of offences of possession of prohibited drugs or possession of a prohibited weapons, such as a knuckle-duster or handcuffs.
For each of the first two offences his Honour imposed a fixed term of imprisonment of one year commencing on 18 January 2002, the sentences to be served concurrently. For the third offence his Honour imposed a sentence of three years, with a non-parole period of one year commencing on 18 January 2003. For the fourth offence his Honour imposed a fixed term of imprisonment of one year commencing on 18 January 2003. The sentences imposed amounted overall to sentences totalling four years, with a non-parole period or fixed terms of imprisonment totalling two years. All the offences were offences under s 25(1) of the Drug Misuse and Trafficking Act, for which the maximum penalty is imprisonment for fifteen years and/or a fine of $220,000.
In order properly to understand the grounds of appeal relied on, it is appropriate to set out a short chronology of events. On 16 October 2001, after police surveillance of premises occupied by the applicant at Manly, a search warrant was obtained and executed. The drugs the subject of the first two offences and the drugs and items which were the subject of many of the offences taken into account in sentencing the applicant for the first offence were found during the execution of the search warrant.
On the same day the applicant was arrested and bail was refused. However, on…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Galati

Details

AGLC: R v Galati [2003] NSWCCA 148
Case: [2003] NSWCCA 148
Decision Date: 26 May 2003

CaseChat Overview and Summary

In the case of R v Galati, the appellant, Galati, was convicted of drug-related offences. The matter came before the court on appeal against the sentence imposed by the lower court. The central issue was whether the trial judge had erred in the calculation of the sentence by not taking into account certain mitigating factors, such as the appellant's pre-sentence custody and the utilitarian value of the drugs involved. The appellant argued that the sentence was excessively harsh and that the trial judge had failed to adequately consider relevant mitigating factors.

The court considered whether the trial judge had correctly applied the principles of sentencing and whether the sentence imposed was appropriate in the circumstances. The court examined the principles of sentencing under the Crimes Act, particularly the requirement to consider the gravity of the offence, the need for deterrence and rehabilitation, and the appellant's personal circumstances. The court also considered the principles of proportionality and whether the sentence was excessive in light of the mitigating factors presented. The court further examined the relevance of the utilitarian value of the drugs and the impact of pre-sentence custody on the sentence calculation.

The court held that the trial judge had not erred in the sentence calculation. The court found that the trial judge had appropriately considered the gravity of the offence and the need for deterrence and rehabilitation. The court held that the sentence imposed was proportionate to the seriousness of the offence and that the mitigating factors, including the utilitarian value of the drugs and pre-sentence custody, had been adequately taken into account. The appeal was dismissed, and the original sentence was upheld. The court emphasised the importance of considering all relevant factors in sentencing, including the gravity of the offence, the need for deterrence and rehabilitation, and the appellant's personal circumstances.

Orders