REGINA v VASQUEZ [2003] NSWCCA 94

New South Wales Court of Criminal Appeal

CITATION : REGINA v VASQUEZ [2003] NSWCCA 94 HEARING DATE(S) : 14/03/2003 JUDGMENT DATE : 14 March 2003

JUDGMENT OF : Meagher JA at 1; Dowd J at 2; Barr J at 20 DECISION : Time for appeal extended; leave to appeal granted; appeal dismissed.

CATCHWORDS : Parity in sentencing - co-offenders of the same offence - differing degrees of seriousness. LEGISLATION CITED : Customs Act 1901 Lowe v The Queen (1984) 154 CLR 606 CASES CITED : R v Krausman (unreported) NSWCCA 10 October 1991 R v Hauser (unreported) NSWCCA 11 December 1977 R v Young [1999] NSWCCA 275 PARTIES : Crown Herman Vasquez FILE NUMBER(S) : CCA 60142/02 COUNSEL : A Francis (Applicant) MM Cinque (Crown) SOLICITORS :

LOWER COURT District Court JURISDICTION : LOWER COURT 99/11/0346 FILE NUMBER(S) : LOWER COURT Luland DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60142/2002

MEAGHER JA DOWD J BARR J

Friday 14 March 2003

REGINA v HERMAN VASQUEZ

Judgment

1 MEAGHER JA: I agree with Dowd J. 2 DOWD J: The applicant was sentenced by Luland DCJ in the Sydney District Court on 14 January 2000 consequent upon his plea of guilty to an offence that the applicant was knowingly concerned in the importation of a trafficable quantity of cocaine, contrary to s233B (1)(d) of the Customs Act 1901 (Commonwealth), the pure weight of the cocaine being 649.5 grams. The maximum penalty for this offence is imprisonment for twenty five years or a fine of $100,000.00 or both.