Garaty v R [2024] NSWCCA 53

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Garaty v R [2024] NSWCCA 53 Hearing dates: 5 February 2024 Decision date: 19 April 2024 Before: Kirk JA at [1]; Wilson J at [2]; Ierace J at [3] Decision: (1) Grant leave to appeal; (2) Allow the appeal; (3) Quash the sentence imposed in the District Court on 15 December 2022; (4) In lieu thereof, sentence the applicant to a term of imprisonment for 7 years, backdated to commence on 5 September 2022 and expiring on 4 September 2029, with a non-parole period of 3 years and 9 months, expiring on 4 June 2026. Catchwords: CRIME — Appeals — Appeal against sentence — Application for leave to appeal — Importation of border-controlled drug — Where the co-accused was the applicant's abusive partner — Where the applicant was subordinate to her co-accused in the importations— Evidence of a non-financial motive — Whether the sentencing judge failed to take into account that the applicant was acting at the direction of an abusive partner in committing the offences in regard to general deterrence and denunciation — failure to make a finding as to moral culpability Legislation Cited: Criminal Appeal Act 1912 (NSW) s 5(1)(c) Drug Misuse and Trafficking Act 1985 (NSW) s 25(1) Crimes Act 1914 (Cth) s 16A(2) Cases Cited: DH v R [2022] NSWCCA 200 DPP(Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 R v Walker [2023] NSWCCA 219 Category: Principal judgment Parties: Nicole Garaty (Applicant) Rex (Respondent) Representation: Counsel: E Kerkyasharian (Applicant) A Williams (Respondent)