Regina v Paliwala [2005] NSWCCA 221

Reported Decision : 153 A Crim R 451

New South Wales Court of Criminal Appeal

CITATION: Regina v Paliwala [2005] NSWCCA 221

HEARING DATE(S): 9/06/05

JUDGMENT DATE: 9 June 2005

JUDGMENT OF: Studdert J at 49; James J at 2; Howie J at 50

DECISION: Leave to appeal granted - appeal against sentence dismissed

CATCHWORDS: CRIMINAL LAW - sentence - importing prohibited imports - cocaine - whether the sentencing judge erred by failing to give sufficient weight to the applicant's mental state at the time of the offence - whether the sentencing judge erred in failing to give adequate weight to the evidence relevant to the applicant's character - whether the sentencing judge erred in determining that an appropriate range for the importation was a head sentence of six to nine years - whether the sentencing judge erred in adjusting the head sentence as a result of the repeal of s16G of the Crimes Act (Cth) - whether in all the circumstances the sentence was manifestly excessive

Crimes Act (Cth) LEGISLATION CITED: Customs Act (Cth)

The Queen v Olbrich (1999) 199 CLR 270 R v Bezan (2004) 147 A Crim R 430 R v Ferrer-Esis (1991) 55 A Crim R 231 CASES CITED: R v Taru [2002] NSWCCA 391 R v Wong; R v Leung (1999) 48 NSWLR 340 Weininger v The Queen (2003) 212 CLR 629 Wong v The Queen (2001) 207 CLR 584

PARTIES: REGINA v Adam Amilear Hasan Blaxter PALIWALA

FILE NUMBER(S): CCA 2005/502

G Walsh - Respondent COUNSEL: I McClintock SC - Applicant

Commonweaalth Director of Public Prosecutions - Respondent SOLICITORS: Legal Aid Commission of NSW - Applicant