NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v PP [2005] NSWCCA 214
HEARING DATE(S): 24 May 2005
JUDGMENT DATE: 14 June 2005
JUDGMENT OF: McClellan AJA at 1; Simpson J at 2; Rothman J at 48
DECISION: (i) application for leave to appeal granted; (ii) appeal allowed, sentence quashed; (iii) in lieu thereof the applicant be sentenced to imprisonment for five years and seven months commencing 14 November 2003, with a non-parole period of three years and four months expiring on 13 March 2007.
CATCHWORDS: appeal against severity of sentence - importing not less than the traffickable quantity of cocaine - plea of guilty - subjective circumstances - co-offenders - parity - former s16G (Crimes Act 1914)
Crimes Act 1914 (Cth), s16G LEGISLATION CITED: Customs Act 1901, s233B(1)(b)
R v Bezan [2004] NSWCCA 342 R v Dujeu [2004] NSWCCA 237 R v Kevenaar [2004] NSWCCA 210 CASES CITED: R v Mas Rivadivia [2004] NSWCCA 284 R v Studenikin [2004] NSWCCA 164; 60 NSWLR 1 R v Wong and Leung [1999] NSWCCA 420; 108 A Crim R 531 Wong v The Queen; Leung v The Queen [2001] HCA 64; 207 CLR 584
Crown - Respondent PARTIES: PP - Applicant
FILE NUMBER(S): CCA 2005/219
M Bracks - Crown COUNSEL: J Stratton SC - Applicant
Commonwealth Director of Public Prosecutions - Crown SOLICITORS: Legal Aid Commission of NSW - Applicant
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/11/0103
LOWER COURT JUDICIAL OFFICER: Graham DCJ
IN THE COURT OF CRIMINAL APPEAL 2005/219
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