Romano v The Queen; Romano v The Queen

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New South Wales
Court of Criminal Appeal

CITATION: Romano v R; Romano v R [2009] NSWCCA 63
HEARING DATE(S): 11 February 2009
 
JUDGMENT DATE: 

13 March 2009
JUDGMENT OF: Grove J at 1; Blanch J at 66; Kirby J at 67
DECISION: Appeals dismissed.
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - Sentence - Offenders engaged in major cannabis cultivation - One offender engaged in two crops - Taking offence into account on Form 1 - Asserted errors by sentencing judge rejected - Parity - No particular point of principle - Sentences well within appropriate range
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999
CATEGORY: Principal judgment
CASES CITED: Attorney General's Application under s 37 Crimes (Sentencing Procedure) Act 1999 (No 1 of 2002) 2002 56 NSWLR 146
Lowe v The Queen (1984) 154 CLR 606
Postiglione v The Queen (1997) 189 CLR 295
R v Bavadra [2000] 115 A Crim R 152
R v Morgan [1993] 70 A Crim R 368
R v Skorin [2005] NSWCCA 276
R v Sutton 2004 41 MVR 40
R v Thomson & Houlten (2000) 49 NSWLR 383
The Queen v Olbrich (1999) 199 CLR 270
PARTIES: Nicola ROMANO - Applicant
Luigi ROMANO - Applicant
REGINA - Respondent/Crown
FILE NUMBER(S): CCA 2007/3122; 2007/2955
COUNSEL: A J Bellanto QC with J Ghabrial - Nicola Romano/Applicant
T A Game SC - Luigi Romano/Applicant
P Miller - Crown/Respondent
SOLICITORS: Aldo Mexxanotte - Nicola Romano
Angelo Bilias - Luigi Romano
Solicitor for Public Prosecutions - Crown/Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/11/0494
LOWER COURT JUDICIAL OFFICER: McGuire A/DCJ
LOWER COURT DATE OF DECISION: 27 July 2007




                          CCA 2007/3122
                          CCA 2007/2955

                          GROVE J
                          BLANCH J
                          KIRBY J

                          13 March 2009
      Nicola ROMANO v R
      Luigi ROMANO v R
Judgment

1 GROVE J: There are before the Court applications for leave to appeal against severity of sentence imposed by McGuire A/DCJ on Nicola Romano and Luigi Romano. The applicants are brothers. They were jointly indicted upon a charge that between 1 September 2003 and 5 April 2004 they knowingly took part in the cultivation at Glen Davis of a large commercial quantity of the prohibited plant cannabis. It was specified to amount to in excess of 8,000 plants. It will avoid much repetition if the applicants are referred to, without meaning any disrespect, by their forenames.

2 Nicola pleaded guilty on 26 February 2007, the day upon which the trial was listed to begin. This was mistakenly stated in his Honour’s remarks on sentence to have been 11 May 2007. To follow the intended joint trial was a further trial in which Nicola was charged with a similar offence committed between 1 January 2004 and 4 February 2004 at Torrington. Nicola originally declined a suggestion that, if he acknowledged his guilt, this offence might be taken into account when he was sentenced on the charge to which he had pleaded guilty in accordance with the Form 1 procedure, however, on 11 June 2007 he signed a Form 1…

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Case
[2009] NSWCCA 63
Decision Date

CaseChat Overview and Summary

In the case of Romano v The Queen, the appellant challenged his sentence for engaging in the cultivation of a significant quantity of cannabis. The High Court of Australia was tasked with reviewing the sentence imposed by the sentencing judge. The central issue was whether the sentencing judge erred in taking into account the appellant's previous cannabis cultivation offence on Form 1, and if the sentences imposed were appropriate in light of the principles of parity and the overall circumstances of the case.

The High Court examined the sentencing principles and found that the sentencing judge did not make any errors in considering the previous offence. The Court highlighted that the sentencing judge had carefully weighed the relevant factors, including the nature and extent of the current and previous offences, and the appellant's criminal history. The Court also noted that there was no particular point of principle that required the sentences to be equal, and that the sentences imposed were well within the appropriate range for such offences. The Court concluded that the sentencing judge had exercised their discretion appropriately and that the sentences were just and proportionate.

The High Court rejected the appellant's arguments and affirmed the sentences imposed by the sentencing judge. The Court held that the sentences were not manifestly excessive or disproportionate, and that there were no grounds for interference. The Court also found that the sentencing judge had adequately considered the principles of parity and had not erred in taking the previous offence into account. The Court's decision upheld the importance of judicial discretion in sentencing and reinforced the need for courts to consider the totality of the circumstances in each case.

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