Kaurasi v R (Cth) [2020] NSWCCA 253

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Kaurasi v R (Cth) [2020] NSWCCA 253 Hearing dates: 7 July 2020 Date of orders: 7 October 2020 Decision date: 07 October 2020 Before: Fullerton J at [1]; Wilson J at [8]; Ierace J at [63] Decision: 1. Leave to appeal granted; 2. Sentence imposed on 16 August 2019 is quashed; 3. In lieu, the applicant is sentenced to a term of 11 years and 3 months imprisonment, to date from 17 August 2018 and expiring on 16 November 2029; the non-parole period is a term of 8 years and 5 months imprisonment, expiring on 16 January 2027. Catchwords: APPEAL – application for leave to appeal against sentence – offence of importing a commercial quantity of a border controlled drug – cocaine imported by sea secreted within legitimate cargo – whether sentencing judge erred in the approach to the assessment of the utilitarian value of the plea of guilty – "Xiao error" Legislation Cited: Crimes Act 1914 (Cth). Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 (NSW) Criminal Appeal Act 1912 (NSW) Criminal Code (Cth) Justice Legislation Amendment (Committals and Guilty Pleas) Act 2017 (NSW) Cases Cited: Baden v R [2020] NSWCCA 2 Bae v R [2020] NSWCCA 35 Betka v R; Ghazaoui v R; Hawchar v R [2020] NSWCCA 191 Huang aka Liu v R (2018) 332 FLR 158; [2018] NSWCCA 70 Kannis v R [2020] NSWCCA 79 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 R v Tait and Bartley (1979) 24 ALR 473; (1979) 46 FLR 386 Xiao v R (2018) 96 NSWLR 2; [2018] NSWCCA 4 Texts Cited: New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 11 October 2017 Category: Principal judgment Parties: John Kaurasi (Applicant) The Crown (Respondent) Representation: Counsel: D Carroll (Applicant) B Anniwell (Respondent)