De Campos v Regina [2006] NSWCCA 51

New South Wales Court of Criminal Appeal

CITATION: De Campos v Regina [2006] NSWCCA 51

HEARING DATE(S): 28/02/2006

JUDGMENT DATE: 28 February 2006

JUDGMENT OF: Beazley JA at 29, 31; Adams J at 30; Howie J at 1

EX TEMPORE JUDGMENT DATE: 02/28/2006

DECISION: Extension of time and leave to appeal granted. The appeal is allowed and the sentence imposed is quashed. In lieu the applicant is sentenced to imprisonment for seven and a half years to date from 10 August 2004 and a non-parole period of four and a half years should be imposed which is to expire on 9 February 2009, the date upon which the applicant will be eligible to be released to parole.

CATCHWORDS: Criminal Law - Sentence - Importation - offer of assistance refused by police - offer not recorded by police in statement - not known by prosecutor at sentencing hearing - whether there should be a discount for assistance.

LEGISLATION CITED: Customs Act (Cth) 1901- s 233B(1)(b)

R v Dang [2004] NSWCCA 269 CASES CITED: R v Besan (2004) 147 A Crim R 430 R v Tanudjaja [2000] NSWCCA 467

PARTIES: Lucille Margaret De Campos v Regina

FILE NUMBER(S): CCA 2005/1516

W. Abraham - Crown COUNSEL: In Person - Applicant

SOLICITORS: Commonwealth Director of Public Prosecutions - Crown In Person - Applicant

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 04/11/1257

LOWER COURT JUDICIAL OFFICER: Williams DCJ

IN THE COURT OF CRIMINAL APPEAL 2005/1516

BEAZLEY JA ADAMS J HOWIE J