NSW Caselaw
Reported Decision : 114 A Crim R 89
New South Wales Court of Criminal Appeal
CITATION : R v Solomons [2000] NSWCCA 215 FILE NUMBER(S) : CCA 60089/99 HEARING DATE(S) : 18 May 2000 JUDGMENT DATE : 13 June 2000
PARTIES : Regina v Gregory John Solomons JUDGMENT OF : Mason P at 1; Heydon JA at 2; Smart AJ at 33
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/11/0237 LOWER COURT JUDICIAL Davidson DCJ OFFICER :
COUNSEL : R Sutherland - Crown P Byrne SC - Applicant SOLICITORS : Commonwealth Director of Public Prosecutions - Crown John Bettens & Co - Applicant CATCHWORDS : Criminal law - sentencing - distinction between principal and courier - no error by trial judge in finding that the applicant was a principal in the importation of a prohibited substance contrary to Customs Act s 233B(1)(d) - sentence found not to be outside the proper range of primary judge's sentencing discretion - leave to appeal granted - appeal dismissed Customs Act 1901 (Cth) LEGISLATION CITED : Drugs Misuse and Trafficking Act 1985 (NSW) Prohibited Weapons Act 1989 (NSW) R v Olbrich (1999) 73 ALJR 1550 R v Bourel (unreported, NSWCCA, 11 December 1998) R v Bigic [2000] NSWCCA 9 R v Wong and Leung [1999] NSWCCA 420 CASES CITED: R v Dinic (1997) 149 ALR 488 R v Sultana (1994) 74 A Crim R 27 R v Bimahendali [1999] NSWCCA 409 R v Dizel (unreported, NSWCCA, 23 August 1996) R v Osborne (unreported, NSWCCA, 6 November 1997) DECISION : Grant leave to apeal against sentence; dismiss the appeal
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