Regina v Z [2006] NSWCCA 342

Reported Decision : 167 A Crim R 436

New South Wales Court of Criminal Appeal

CITATION: Regina v Z [2006] NSWCCA 342

HEARING DATE(S): 2 March 2006

JUDGMENT DATE: 26 October 2006

JUDGMENT OF: Beazley JA at 1; Adams J at 102; Howie J at 136

DECISION: 1. Appeal allowed in part; 2. Set aside the sentence imposed by the trial judge in respect of Count 2 (the drug offence); 3. On Count 2 the respondent is sentenced to eight years imprisonment commencing on 28 June 2005 with a non-parole period of four years commencing from 28 June 2005 and expiring on 27 June 2009, the date upon which the respondent is eligible for release on parole.

CATCHWORDS: CRIMINAL LAW – money laundering – manifest inadequacy of sentence – importance of role as a facilitator – knowledge of seriousness of offence is a relevant factor – general deterrence - CRIMINAL LAW – importation of prohibited drug – manifest inadequacy of sentence – criminality – description of drug irrelevant to criminality – in circumstances, role of offender more important than time drugs in possession - JUDGE – reasoning process – necessary to understand remarks in totality - MENTAL ILLNESS – relevant to the sentencing process – to be weighed with all relevant factors – mathematical deductions from sentence inappropriate in a complex case - SENTENCING – concurrent sentences – appropriate where offences have common elements – inappropriate where offences are separate - SENTENCING – discount for assistance to authorities and plea of guilty – may be combined although not always appropriate to do so – focus is on totality - SENTENCING – discount for assistance to authorities – value of assistance – extent to which own involvement is honestly disclosed may be relevant

Crimes Act 1914 (Cth) s 16A, 21E LEGISLATION CITED: Criminal Appeal Act 1912 (NSW) s 6(3) Criminal Code 1995 (Cth) s 400.3(2) Customs Act 1901 (Cth) s 233B