NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Michel v R [2007] NSWCCA 337
HEARING DATE(S): 1/11/07
JUDGMENT DATE: 5 December 2007
JUDGMENT OF: Handley AJA at 1; Hoeben J at 18; Smart AJ at 19
DECISION: 1. Leave to appeal granted; 2. Appeal dismissed.
CATCHWORDS: CRIMINAL LAW - Sentence - Customs Act 1901 (Cth) - Second serious drug offence - no question of principle
Crimes Act 1914 (Cth) LEGISLATION CITED: Customs Act 1901 (Cth) Drug Misuse and Trafficking Act 1985 (NSW)
CASES CITED: R v Thompson (2000) 49 NSWLR 383
PARTIES: Kelvin William Michel v Regina
FILE NUMBER(S): CCA 2006/4657002
COUNSEL: M Picken (Applicant) WJ Abraham (Crown)
SOLICITORS: Hardin Law (Applicant) Commonwealth DPP (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 04/11/0798
LOWER COURT JUDICIAL OFFICER: Nield DCJ
LOWER COURT DATE OF DECISION: 27/1/2006
- 2 - IN THE COURT OF CRIMINAL APPEAL CCA 2006/4657002 DC 04/11/0798
HANDLEY AJA HOEBEN J SMART AJ
Wednesday 5 December 2007 Kelvin William MICHEL v Regina
CRIMINAL LAW - Sentence - Customs Act 1901 (Cth) - Second serious drug offence - no question of principle
The applicant pleaded guilty to an offence of conspiracy to import a trafficable quantity of cocaine contrary to s 233B(1)(b) of the Customs Act 1901 (Cth). He had previously been convicted of the offence of being knowingly concerned in the importation of a trafficable quantity of the same drug contrary to s 233B(1)(d) and had been sentenced for that offence to imprisonment for 3 years with a non-parole period of 1 year 3 months. Accordingly s 235(1)(c) increased the maximum period of imprisonment for the current offence from 25 years to life. The applicant was the principal in the conspiracy, his co-conspirators being characterised as "errand boys". The conspiracy, which was open ended and ongoing at the time of his arrest, and had already lasted for 12 months, had involved the importation of 601.6 grams of the pure substance with a street value of $240,000.
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