Kemal v R [2022] NSWCCA 83

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Kemal v R [2022] NSWCCA 83 Hearing dates: 1 April 2022 Date of orders: 27 April 2022 Decision date: 27 April 2022 Before: Simpson AJA at [1] Adamson J [12] Bellew J at [13] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIMINAL LAW – Sentence – Appeal – Where the applicant pleaded guilty to importing a border controlled drug concealed in the lining of a suitcase – Where the Crown specifically disavowed a case based on the applicant having actual knowledge of the drugs – Crown case put on the basis of recklessness – Where the effect of the applicant's evidence was that he had turned his mind to the possibility that he was importing drugs – Where the relevant legislation defined recklessness in terms of the existence of a substantial risk rather than a possibility – Where the sentencing judge made reference to the applicant's evidence when assessing his criminality and his level of recklessness – Whether that approach reflected the application of an incorrect test – Necessity to read the reasons for sentence as a whole – No error established – Leave to appeal granted – Appeal dismissed Legislation Cited: Crimes Act 1914 (Cth) Criminal Code 1995 (Cth) Cases Cited: Ke v R [2021] NSWCCA 117 Meissner v The Queen (1995) 184 CLR 132; [1995] HCA Category: Principal judgment Parties: Konuk Kemal – Applicant Regina – Respondent Representation: Counsel: S Pararajasingham and E Beljic – Applicant G Mahony – Respondent