R v Karki [2001] NSWCCA 378

New South Wales Court of Criminal Appeal

CITATION : R v Karki [2001] NSWCCA 378 FILE NUMBER(S) : CCA 60040/00 HEARING DATE(S) : 31/8/2001 JUDGMENT DATE : 31 August 2001

PARTIES : Regina Keshun Dhoj Karki JUDGMENT OF : Sheller JA at 30; Sully J at 31; Dowd J at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/11/0184 LOWER COURT JUDICIAL Murrell DCJ OFFICER :

COUNSEL : Applicant in Person Mr MA Wigney- Crown SOLICITORS : Director of Public Prosecutions (Cth)- Crown CATCHWORDS : Appeal against sentence - Importation of a commercial quantity of Heroin - Applicant's involvement - Applicant's assistance with authorities LEGISLATION CITED : Customs Act 1901 (Cth) DECISION : 1. Appeal dismissed; and 2. Leave to appeal granted.

IN THE COURT OF CRIMINAL APPEAL

60040/00

SHELLER JA SULLY J DOWD J 31 August 2001 Regina v Keshun Dhoj KARKI

JUDGMENT

1 DOWD J: The applicant, Keshun Dhoj Karki, seeks leave to appeal against the severity of a sentence imposed by Murrell DCJ of the District Court, following a plea of guilty to a count alleging that between 1 November 1997 and 29 November 1997, the applicant was knowingly concerned in the importation into Australia of a commercial quantity of a prohibited substance, namely heroin, contrary to s233B of the Customs Act 1901 (Cth) ('the Act'). 2 The bulk quantity of heroin imported was slightly in excess of 3.4 kilograms, a commercial quantity prescribed under the Act being 1.5 kilograms. The offence carries a maximum penalty of life imprisonment. 3 The applicant was sentenced by Her Honour to ten years imprisonment, to commence from the date of arrest on 29 November 1997 with a non-parole period of six years. The sentenced imposed, having been reduced by one year by the Learned Judge, took into account the assistance provided by the applicant to the authorities.