Nweke v R (No 2) [2020] NSWCCA 227

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Nweke v R (No 2) [2020] NSWCCA 227 Hearing dates: On the papers Decision date: 09 September 2020 Before: McCallum JA; Davies J; Button J Decision: 1. Quash the sentences imposed on 22 March 2019 and in lieu therefor: 2. For the offence of conspiring with persons unknown between 27 March 2014 and 30 April 2014 to import a commercial quantity of the border controlled substance cocaine, sentence the applicant to a term of imprisonment for 13 years and 3 months commencing on 30 October 2014 and expiring on 29 January 2028. 3. Fix a non-parole period of 8 years commencing on 30 October 2014 and expiring on 29 October 2022, on which date the applicant will become eligible for release to parole. Catchwords: CRIME – sentencing – offence committed while offender on parole for previous federal offence – automatic revocation of parole order – operation of provisions of Subdivision B of Division 5 of Part 1B of the Crimes Act 1914 (Cth) addressing revocation of federal parole – impossibility for sentencing judges of imposing a sentence that does not involve some distortion of the common law and statutory principles that govern the sentencing task Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 47 Crimes Act 1914 (Cth), ss 16A, 16E, 19AA, 19AQ, 19AR, 19AS Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Act 2020 (Cth), s 2(1), Sch 13 Crimes Regulations 2019 (Cth), Sch 1 Cases Cited: Commonwealth Director of Public Prosecutions v Wallace [2011] WASC 286; (2011) 213 A Crim R 420 Nweke v R [2020] NSWCCA 153 R v Hughes [2020] NSWDC 98 Texts Cited: Australian Law Reform Commission, Same Crime, Same Time: Sentencing of Federal Offenders, (April 2006) Commonwealth Director of Public Prosecutions, Sentencing of Federal Offenders in Australia: a guide for practitioners (2018) Justice Weinberg, 'The Labyrinthine Nature of Federal Sentencing' (Speech, National Judicial College of Australia and ANU College of Law, 11 February 2012) Category: Sentence Parties: Dirichukwu Patrick Nweke (Applicant) Regina (Respondent) Representation: Counsel: M Finnane QC and Nicole S Carroll (Applicant) Robert Ranken (Respondent)