Minall and Watkins v Regina [2003] NSWCCA 311

New South Wales Court of Criminal Appeal

CITATION : Minall and Watkins v Regina [2003] NSWCCA 311 HEARING DATE(S) : 10/03/2003 JUDGMENT DATE : 11 November 2003

JUDGMENT OF : Meagher JA; Dowd J; Barr J DECISION : In respect of each applicant, application granted; appeal dismissed.

LEGISLATION CITED : Crimes Act 1914 Customs Act 1901 R v Olbrich (1999) 199 CLR 270 CASES CITED : Wong and Leung v R (2001) 76 ALJR 79 Wong and Leung (1999) 108 A Crim R 531 Benjamin Richard Minall (First Applicant) PARTIES : Justin David Watkins (Second Applicant) Crown (Respondent) FILE NUMBER(S) : CCA 60361/02; 60374/02 S Odgers SC (First Applicant) COUNSEL : B Walker SC with G Bashir (Second Applicant) G J Bellew (Respondent) Watsons (First Applicant) SOLICITORS : John D Weller & Associates (Second Applicant) DPP (Commonwealth) (Respondent)

LOWER COURT District Court JURISDICTION : LOWER COURT 02/11/0180 FILE NUMBER(S) : 02/11/0189 LOWER COURT Christie DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60361/02 60374/02

MEAGHER JA DOWD J BARR J

Tuesday, 11 November 2003 REGINA v BENJAMIN MINALL REGINA v JUSTIN DAVID WATKINS Judgment 1 MEAGHER J: I agree with Dowd J. 2 DOWD J: These applications, which were heard together, were for leave to appeal against sentence imposed by Christie DCJ on 11 June 2002 from a sentence of seven and a half years for each applicant with a non-parole period of five years. Each applicant had the sentence backdated to accommodate pre-sentence custody. 3 The applicant, Minall, who was thirty four years of age at the time of sentence had been charged with, and pleaded guilty to, importing a trafficable quantity of cocaine contrary to s233B (1)(b) of the Customs Act 1901, he having no previous convictions. 4 The applicant, Watkins, who was thirty three years of age at the time of sentence also with no prior convictions was charged with the same offence and similarly pleaded guilty.