Sinagra-Brisca v The Queen

[2005] HCATrans 68

[2005] HCATrans 068

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Perth  No P36 of 2004

B e t w e e n -

PAOLO SINAGRA-BRISCA

Applicant

and

THE QUEEN

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

McHUGH J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 3 MARCH 2005, AT 9.34 AM

Copyright in the High Court of Australia

McHUGH J:   The applicant received a total effective sentence of 20 years and six months for four serious drug offences to which he pleaded guilty.  His complaint is that in discounting the sentence by about 22 percent for a fast-track plea of guilty and all other mitigating factors, the trial judge erred.  Either the discount for the plea of guilty was too low (it should have been at least 25 percent) or no weight was attached to other circumstances (including the financial consequences of the applicant's being declared a drug trafficker). 

The trial judge found that the pleas of guilty were not motivated by genuine remorse. 

The trial judge's discretionary sentencing decision, and the Court of Criminal Appeal's review of it, are not shown to have erred in principle, or to have led to a sentence outside the appropriate range. 

The application for special leave is dismissed on the ground that it has no prospects of success.

Pursuant to rule 41.11.1 we direct the Registrar to draw up, sign and seal an order that the application is dismissed.

AT 9.34 AM THE MATTER WAS CONCLUDED