R v Tanudjaja [2002] NSWCCA 467

New South Wales Court of Criminal Appeal

CITATION : R v Tanudjaja [2002] NSWCCA 467 FILE NUMBER(S) : CCA 60135 of 2002 HEARING DATE(S) : 19/11/02 JUDGMENT DATE : 19 November 2002

Regina PARTIES : v Melinawati Tanudjaja JUDGMENT OF : Meagher JA at 1, 13; Wood CJ at CL at 11; Greg James J at 12

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/11/1261 LOWER COURT JUDICIAL Shillington DCJ OFFICER :

COUNSEL : A: G Farmer R: M Bracks SOLICITORS : A: Legal Aid Commission R: Commonwealth Director of Public Prosecutions CATCHWORDS : Importation of prohibited substance under s 233B of the Customs Act 1901 - whether the head sentence was reflective of the appellant's subjective circumstances - s 16A (m) of the Crimes Act 1914 - leave to appeal allowed - appeal dismissed. LEGISLATION CITED : s 233B Customs Act 1901 s 16A Commonwealth Crimes Act 1914 DECISION : Appeal allowed; appeal dismissed.

IN THE COURT OF CRIMINAL APPEAL CCA 60135 of 2002

MEAGHER JA WOOD CJ at CL GREG JAMES J

TUESDAY 19 NOVEMBER 2002 MELINAWATI TANUDJAJA v REGINA (COMMONWEALTH) Judgment 1 MEAGHER JA: In this matter there is an application for leave to appeal by Tanudjaja Melinawati. She was found guilty of the criminal offence of importing a prohibited substance under s 233B of the Customs Act 1901. The substance was discovered upon her at the Sydney Airport when she arrived from Indonesia on 24 September 2001. It was 489 grams in weight of which 344 grams were pure heroin. The estimated value of the substance was $244,000. She pleaded guilty. 2 His Honour Judge Shillington sentenced her to six years' imprisonment commencing on 24 September 2001 with a non-parole period of three years from that date. 3 The Commonwealth Crimes Act 1914, s 16A says that the Court must take into account such of the following matters as are relevant and known to the Court and in par (m) the applicant's character, antecedents, cultural background, age, means and physical or mental condition of the person. His Honour, Judge Shillington in giving the sentence made the following findings:- (1) her motivation for committing the offence was a commercial benefit of $2,300 which was needed by her because of her family plight and circumstances;