Regina v Danson [2005] NSWCCA 343

New South Wales Court of Criminal Appeal

CITATION: Regina v Danson [2005] NSWCCA 343

HEARING DATE(S): 20/09/05

JUDGMENT DATE: 30 September 2005

JUDGMENT OF: Windeyer J at 1; Hislop J at 2; Smart AJ at 3

DECISION: Leave to appeal againsrt sentence granted - Appeal dismissed

CATCHWORDS: Aiding and abetting importation of cocaine - judge's assessment of role of applicant open on the evidence - sentence not excessive

Criminal Code 1995 (Cth) LEGISLATION CITED: Customs Act 1901

CASES CITED: R v Romero Cepeda [2000] NSWCCA 229

PARTIES: Regina v Neil Matthew Danson

FILE NUMBER(S): CCA 2005/973

(A) S Kluss COUNSEL: (C) D G Staehli

(A) Ross Hill & Associates SOLICITORS: (C) Cth DPP

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 03/11/0925

LOWER COURT JUDICIAL OFFICER: G D Woods DCJ

IN THE COURT OF CRIMINAL APPEAL 2005/973CCAP

WINDEYER J HISLOP J SMART AJ

Friday, 30 September 2005 Regina (Cth) v Neil Matthew DANSON

Judgment

1. WINDEYER J: I agree with Smart AJ.

2. HISLOP J: I agree with Smart AJ

3. SMART AJ:

Introduction: Neil Matthew Danson seeks leave to appeal against a sentence of imprisonment of 12 years starting on 4 February 2004 with a non-parole period of 7 years 3 months for between about 1 December 2002 and 4 February 2003 at Sydney aiding and abetting the importation into Australia of a prohibited import, being not less than the commercial quantity of cocaine contrary to s 11.2(1) of the Criminal Code 1995 (Cth) and para 233(1)(b) of the Customs Act 1901. There was a plea of guilty. The weight of the cocaine involved was 3.7131 kilograms. The commercial quantity of cocaine is 2.00 kilograms. The maximum penalty was life imprisonment and/or a fine of $750,000: s 235(2) of the Customs Act 1901. It was estimated that the drugs had an approximate street value of between $2.12 million and $4.24 million. The wholesale price range was $464,137 to $612,661.