Regina v Louis Anthony SUKKAR [2005] NSWCCA 55

New South Wales Court of Criminal Appeal

CITATION: Regina v Louis Anthony SUKKAR [2005] NSWCCA 55

HEARING DATE(S): 14/02/2005

JUDGMENT DATE: 19 May 2005

JUDGMENT OF: Bryson JA at 1; Barr J at 57; Hoeben J at 58

DECISION: (1) Leave to appeal granted; (2) Appeal dismissed.

CATCHWORDS: CRIMINAL LAW - sentencing - appeal by offender against sentence - convicted on plea of guilty - Customs Act s.233B(1)(d) knowingly concerned in importation of commercial quantity of MDMA (ecstacy) 34.4kg in 480,000 tablets - offence of possession of trafficable quantity 52.1 grams taken into account - 18 years, non-parole 12 years - no prior connections - consideration of - nature of participation of applicant and place in heirarchy compared to other participants - statement of reasons for fact finding where applicant gave evidence - discount for plea of guilty - discount for offer of assistance which prosecuting authorities did not accept because regarded as unreliable - parity - severity - sentence affirmed.

Customs Act 1901; s 233B(1)(ca); s235(2)(c) LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 (NSW); subs.25(2) Crimes Act 1914 (Cth); s.16A(1); s 16BA; s 16G

Pettitt v. Dunkley [1971] 1 NSWLR 376 R v. Olbrich (1999) 199 CLR 270 R v. Wai Thung Chu (NSWCCA, 16 October 1998, unreported) CASES CITED: Soulemezis v. Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Beale v Government Insurance Office of New South Wales (1997) 48 NSWLR 430 R v. Lawson (NSWCCA, 12 December 1997, unreported) Gallagher v R (1991) 23 NSWLR 220

Louis Anthony Sukkar - Applicant PARTIES: Crown - Respondent