NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v Mandagi [2002] NSWCCA 57 FILE NUMBER(S) : CCA 60136/00 HEARING DATE(S) : 28 May 2001 JUDGMENT DATE : 11 March 2002
PARTIES : Regina v Krist Tito Mandagi JUDGMENT OF : Dowd J at 1; Greg James J at 2; Smart AJ at 3
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/11/0369 LOWER COURT JUDICIAL Shadbolt DCJ OFFICER :
COUNSEL : (A) W Terracini SC (R) E Fullerton SC SOLICITORS : (A) Ross Hill & Associates (R) Cwealth DPP CATCHWORDS : Knowingly concerned in importation of heroin (252 kg) - directions as to lies adequate - directions as to knowledge adequate - no circumstantial evidence direction necessary . Sentencing - high criminality - parity. Customs Act 1901 (Cth) LEGISLATION CITED : Drug Misuse & Trafficking Act 1985 (NSW) Crimes Act 1914 (Cth) Edwards v The Queen (1993) 178 CLR 103 Shepherd v The Queen (1990) 170 CLR 573 CASES CITED: Grant v The Queen (1975) 11 ALR 503 CWW (1993) 70 A Crim R 517 R v Olbrich (1998) 199 CLR 270 DECISION : Appeal against conviction dismissed. Leave to appeal against sentence granted. Appeal against sentence allowed; sentence quashed. In lieu of the sentence imposed the appellant is sentenced to imprisonment for 27 years commencing on 14 October 1998 with a non-parole period of 19 years commencing that day and ending on 13 October 2017.
IN THE COURT OF CRIMINAL APPEAL
60136/00 DOWD J GREG JAMES J SMART AJ
Monday, 11 March 2002
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