R v KEVENAAR & ORS [2004] NSWCCA 210

Reported Decision : 148 A Crim R 155

New South Wales Court of Criminal Appeal

CITATION : R v KEVENAAR & ORS [2004] NSWCCA 210 HEARING DATE(S) : 24 May 2004 JUDGMENT DATE : 28 June 2004

JUDGMENT OF : Hulme J at 1; Simpson J at 124; Howie J at 125 DECISION : See paragraph 123

Regina PARTIES : Theodorus Kevenaar Marinus Dedoes Jin Rong Pan FILE NUMBER(S) : CCA 60530/03; 60531/03; 60529/03 Crown: GA Farmer COUNSEL : Kevenaar: R Burgess Dedoes: CB Craigie SC with R Button Pan: H Cox Crown: Commonwealth Director of Public Prosecutions SOLICITORS : Kevenaar: S Healy, Legal Aid Commission NSW Dedoes: M Sten, George Sten & Co Pan: R Hill, Ross Hill & Associates

LOWER COURT District Court JURISDICTION : LOWER COURT FILE NUMBER(S) : LOWER COURT Acting Judge Mahoney JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60530/03 60531/03 60529/03

HULME J SIMPSON J HOWIE J

Monday, 28 June 2004

REGINA v Theodorus KEVENAAR REGINA v Marinus DEDOES REGINA v Jin Rong PAN

Judgment

1 HULME J: The three Respondents to this Crown appeal were charged with, on or about 17 September 2002, attempting to commit an offence against s233B(1)(c) of the Customs Act 1901 in that they attempted to have in possession prohibited imports to which s233B of that Act applied, viz. narcotic goods consisting of a quantity of 3,4-Methylenedioxmethamphetamine being not less than the commercial quantity applicable to that drug which had been imported into Australia in contravention of that Act. 3,4-Methylenedioxmethamphetamine is commonly, and will be in these reasons, referred to as MDMA or Ecstasy. The maximum penalty provided for their offences is life imprisonment and a fine not exceeding $750,000.