Regina v Zuluaga-Gomez [2002] NSWCCA 358

New South Wales Court of Criminal Appeal

CITATION : Regina v Zuluaga-Gomez [2002] NSWCCA 358 FILE NUMBER(S) : CCA 60193/01 HEARING DATE(S) : 29/8/02 JUDGMENT DATE : 4 September 2002

PARTIES : Obiel Antonio Zuluaga-Gomez (Appellant) Regina (Respondent) JUDGMENT OF : Handley JA at 1; Simpson J at 2; Bell J at 3

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/11/0812; 99/11/0533 LOWER COURT JUDICIAL Stewart ADCJ OFFICER :

COUNSEL : S Odgers SC (Appellant) R Sutherland SC (Crown) SOLICITORS : TA Murphy (Appellant) Commonwealth DPP (Respondent)

LEGISLATION CITED : Customs Act 1902 (Cth) Crimes Act 1914 (Cth) Gallagher v R (1991) 23 NSLWR 220 Pang v R (1999) 105 A Crim R 474 Pearce v The Queen (1998) 194 CLR 610 R v Bugeja [2001] NSWCCA 196 CASES CITED: R v Hammoud [2000] NSWCCA 540 R v Sharma [2002] NSWCCA 142 R v Smith [2001] NSWCCA 279 R v Thomson and Houlton [2000] NSWCCA 309; 49 NSWLR 383 Regina v Cartwright (1989) 17 NSWLR 243 DECISION : Leave to appeal against the severity of the sentences granted; Appeals allowed in each case; Sentences imposed in the District Court quashed; In lieu thereof, the applicant is sentenced with respect to his conviction on the first count (being knowingly concerned in the importation of a traffickable quantity of cocaine) to a term of five years imprisonment to date from 24 July 1999. That sentence will expire on 23 July 2004; With respect to his conviction on the second count (being knowingly concerned in the importation of a commercial quantity of cocaine) the applicant is sentenced to a term of seven years imprisonment to date from 24 July 2004. That sentence will expire on 23 July 2011; Pursuant to s 19AB of the Crimes Act 1914 (Cth) fix a single non-parole period of eight years to date from 24 July 1999. That period will expire on 23 July 2007