Udunna v R (Cth) [2020] NSWCCA 304

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Udunna v R (Cth) [2020] NSWCCA 304 Hearing dates: 28 October 2020 Decision date: 25 November 2020 Before: Hoeben CJ at CL at [1]; Harrison J at [38]; Ierace J at [39] Decision: (1) An extension of time until 28 October 2020 is granted for the applicant to seek leave to appeal against sentence. (2) Leave to appeal against sentence is granted. (3) The appeal against sentence is dismissed. Catchwords: CRIMINAL LAW – sentence appeal – attempt to possess an unlawful imported border controlled drug (methamphetamine) – applicant convicted after trial – 142kg of methamphetamine – sentence of 10 years with a non-parole period of 6 years and 6 months – whether sentence manifestly excessive – whether error in not properly taking into account the prior good character of the applicant – leave to appeal granted but the appeal dismissed. Cases Cited: Okafor v R [2007] NSWCCA 147 Onuorah v R [2009] NSWCCA 238; 234 FLR 377 R v Barrientos [1999] NSWCCA 1 R v Lee [2007] NSWCCA 234 R v Leroy (1984) 2 NSWLR 441 R v Nguyen; R v Pham [2010] NSWCCA 238 Regina v Paliwala (2005) 153 A Crim R 451; [2005] NSWCCA 221 Stines v R [2019] NSWCCA 115 The Queen (Cth) v Pham (2015) 256 CLR 550; [2015] HCA 39 Vandeventer v R [2013] NSWCCA 33 Wong v The Queen; Leung v The Queen (2001) 207 CLR 584; [2001] HCA 65 Category: Principal judgment Parties: Joseph Udunna – Applicant Regina (Cth) – Respondent Representation: Counsel: S Kluss – Applicant A Williams – Respondent