R v Sciberras

Case [2006] NSWCCA 268


Reported Decision:

165 A Crim R 532

New South Wales


Court of Criminal Appeal

CITATION: R v SCIBERRAS [2006] NSWCCA 268
HEARING DATE(S): 31 July 2006
 
JUDGMENT DATE: 

5 September 2006
JUDGMENT OF: Beazley JA at 1; Hulme J at 2; Hislop J at 80
DECISION: See paragraph 79
PARTIES: Regina
Carmel Sciberras
FILE NUMBER(S): CCA 2006/795
COUNSEL: Crown: C Williams
Respondent: Mr Haesler SC
SOLICITORS: Crown: S Kavanagh
Respondent: S O'Connor
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/21/3193
LOWER COURT JUDICIAL OFFICER: Sides DCJ

- 1 -

                          2006/795

                          BEAZLEY JA
                          HULME J
                          HISLOP J

                          Tuesday, 5 September 2006
Regina v Carmel SCIBERRAS
Judgment

1 BEAZLEY JA: I agree with Hulme J.

2 HULME J: On 16 February 2006 the Respondent to this Crown appeal pleaded guilty to 4 charges, viz:-


          (i) That between 24 August and 10 September 2004 he did, on 3 or more separate occasions supply a prohibited drug for reward, namely methylamphetamine and 3-4 methylenedioxymethylamphetamine,
          (ii) That between 29 July 2004 and 12 January 2005 he supplied a prohibited drug, namely methylamphetamine being in an amount greater than a commercial quantity of methylamphetamine,
          (iii) That between 29 July 2004 and 12 January 2005 he supplied a prohibited drug, namely cannabis, and
          (iv) That between 30 July and 12 January 2005 he supplied a prohibited drug, namely 3,4 methylenedioxymethyl-amphetamine being in an amount greater than a commercial quantity of 3,4 methylenedioxymethyl-amphetamine

3 3,4 methylenedioxymethyamphetamine is commonly known as ecstasy.

4 All offences arose pursuant to the Drugs (Misuse and Trafficking) Act. The first, arising under s25A, rendered the Respondent liable to imprisonment for 20 years. The second, arising under s25(2), also rendered the Respondent liable to imprisonment for 20 years. A “commercial quantity” of methylamphetamine included quantities in the range of 250 to just under 1,000 grams. Had the quantity been somewhat less than 250 grams the maximum period of imprisonment prescribed would have been 15 years.

5 The third offence, arising under s25(1), rendered the Respondent liable to imprisonment for 10 years. Had the quantity been somewhat less than 1000 grams and the prosecution or Respondent not elected to have the matter dealt with on indictment, the maximum period of imprisonment would have been 2 years. Had the quantity been between 25 kg and 100 kg, the maximum penalty would have been 15 years imprisonment.

6 The fourth offence, also arising under s25(2), rendered the Respondent liable to imprisonment for 20 years. A “commercial quantity” of 3,4 methylenedioxymethylamphetamine included quantities in the range of 125 to just under 500 grams. Had the quantity been somewhat less than 125 grams the maximum period of imprisonment prescribed would have been 15 years.

7 It is also to be noted that for an offence of supplying a commercial quantity of methylamphetamine or 3,4 methylenedioxymethylamphetamine and which lies in the middle of the range of objective seriousness for such an offence, a standard non-parole period of 10 years has been prescribed albeit the decision of this Court…

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R v Sciberras [2006] NSWCCA 268
Case
[2006] NSWCCA 268
Decision Date

CaseChat Overview and Summary

In the case of Regina v Carmel Sciberras, the Court of Criminal Appeal was tasked with reviewing the sentences imposed by Judge Sides in the District Court for multiple drug supply offences. Carmel Sciberras had pleaded guilty to four charges of drug supply, with the offences occurring between 2004 and 2005. The Crown appealed against the sentences on the grounds that they were manifestly inadequate and failed to consider the objective seriousness of the offences. The appeal was heard on 31 July 2006, and the judgment was delivered on 5 September 2006 by Beazley JA, Hulme J, and Hislop J.

The legal issues in this case revolved around the adequacy of the sentences imposed for the drug supply offences. The Crown argued that the sentences were manifestly inadequate, did not reflect the objective seriousness of the offences, and failed to consider the standard non-parole periods prescribed by law. The Court needed to determine whether the sentences imposed by Judge Sides were appropriate and whether the Crown's appeal should be allowed.

The Court of Criminal Appeal found that the sentences imposed by Judge Sides were manifestly inadequate. The Court held that the sentences did not adequately reflect the objective seriousness of the offences and failed to consider the standard non-parole periods prescribed by law. The Court noted that the quantities of drugs supplied were substantial, and the Respondent's involvement in the drug trade was significant. The Court also found that the sentences did not adequately account for the cumulative effect of the multiple drug supply offences.

The Court of Criminal Appeal allowed the appeal, quashed the sentences imposed by Judge Sides on counts 2 and 4, and imposed new sentences. The Court confirmed the sentences imposed by Judge Sides on counts 1 and 3. On count 2, the Court sentenced the Respondent to imprisonment for a non-parole period of 6 years and a balance of term of 2 years. On count 4, the Court sentenced the Respondent to imprisonment for a non-parole period of 5 years and a balance of term of 3 years. The Court also recorded that the Respondent would first be eligible for parole on 11 July 2012.

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