Regina v Barrientos [1999] NSWCCA 1

New South Wales Court of Criminal Appeal CITATION : Regina v Barrientos [1999] NSWCCA 1 FILE NUMBER(S) : CCA 60606/97 HEARING DATE(S) : 13 November 1998 JUDGMENT DATE : 10 February 1999

PARTIES : Regina v Carlos Eduardo Navas Barrientos JUDGMENT OF : Sheller JA at 1; Abadee J at 2; Hulme J at 66

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL OFFICER : Bellear DCJ

COUNSEL : P. Strickland - Appellant C. P. O'Donnell - Respondent Watsons - Appellant SOLICITORS : Commonwealth Director of Public Prosecutions - Respondent

CATCHWORDS : Plea of Not Guilty; Sedntencing; Appropriate range; Discount for assistance to authorities; Prior good character and absence of convictions Customs Act (Cth) s 233BB Crimes Act (Cth) s 16A(2)(h) ACTS CITED : s 16(A)(2m) Customs Act (Cth) s 233B Crimes Act (Cth) s 16A(2)(h) s 16(A)(2m) DECISION : By Majority, appeal allowed; 1. Leave to appeal granted; 2. Appeal allowed; 3. Sentence imposed by Bellear DCJ quashed; 4. In lieu thereof, the applicant is sentenced to imprisonment for seven years and six months, commencing on 15 October 1996 with a non-parole periodof four years and eight months expiring on 14 June 2001; 5. In accordance with s 16F of the Crimes Act (Cth), an explanation of the effect of this sentence is to be provided to the applicant by his legal advisers.

IN THE COURT

OF CRIMINAL APPEAL

No 60606/97

SHELLER JA ABADEE J HULME J

Wednesday 10 February 1999

REGINA v Carlos Eduardo Navas BARRIENTOS

JUDGMENT

1 SHELLER JA : I agree with the reasons for judgment of Abadee J. ----------------