NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: COETZEE v R [2007] NSWCCA 12
HEARING DATE(S): 8 December 2006
JUDGMENT DATE: 5 February 2007
JUDGMENT OF: McClellan CJ at CL at 1; Simpson J at 48; Hall J at 49
DECISION: 1. Leave to appeal granted; 2. Appeal allowed and the sentence quashed; 3. Sentence the applicant to a non-parole period of six years and nine months commencing on 21 January 2004 and expiring on 20 October 2010 and a total term of 9 years and 3 months expiring on 20 April 2013. The applicant is first eligible for parole on 21 October 2010
CATCHWORDS: CRIMINAL LAW - Appeal against sentence - supply of cocaine - flooring enterprise disguising drug distribution - whether sentencing judge erred in finding the applicant played a major role - lacked remorse - provided no assistance to authorities - whether applicant acted out of fear - whether sentence manifestly excessive - whether discount given for early plea sufficient - special circumstances justifying variation of the standard non-parol period - impact of delay in sentencing - adjustment allowed for additional days in custody
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985
MRN v R (2006) NSWCCA 155 CASES CITED: R v Simpson [2001] NSWCCA 534; 53 NSWLR 704 R v Thomson and Houlton [2000] NSWCCA 309; 49 NSWLR 383 R v Yenice (1994) 72 A Crim R 234
PARTIES: Frans Johannes Coetzee (Appl) The Crown
FILE NUMBER(S): CCA 2006/2066
COUNSEL: C Toweel (Appl) D C Frearson SC (Crown)
SOLICITORS: Van Huyssteen & Botha, South Africa (Appl) Director of Public Prosecutions (Crown)
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