Jules v R [2007] NSWCCA 243

New South Wales Court of Criminal Appeal

CITATION: Jules v R [2007] NSWCCA 243

HEARING DATE(S): 13/07/07

JUDGMENT DATE: 10 August 2007

JUDGMENT OF: Giles JA at 1; Latham J at 2; Mathews AJ at 3

DECISION: 1. Order that time for leave to appeal be extended.; 2. Grant leave to appeal against sentence.; 3. Appeal against sentence dimissed.

CATCHWORDS: APPEAL AGAINST SENTENCE — applicant one of several co-offenders who imported cocaine — two co-offenders separately had sentences reduced on grounds of disparity — no disparity caused to applicant — Corrective Services policy as to categorising of inmates not relevant on sentence

LEGISLATION CITED: Crimes Act 1914 (Cth) Customs Act 1901 (Cth)

King v Regina [2006] NSWCCA 110 CASES CITED: R v Ferrer-Esis (1991) 55 A Crim R 231 R v PP [2005] NSWCCA 214

PARTIES: Stephane Jules v R

FILE NUMBER(S): CCA 2007/31

COUNSEL: In person (Appl) M C Bracks (Crown)

SOLICITORS: In person (Appl) Director of Public Prosecutions (Crown)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 04/11/0222

LOWER COURT JUDICIAL OFFICER: Graham DCJ

LOWER COURT DATE OF DECISION: 16/09/04

IN THE COURT OF CRIMINAL APPEAL 2007/31

GILES JA LATHAM J MATHEWS AJ

FRIDAY, 10 AUGUST 2007 STEPHANE JULES v R Judgment 1 GILES JA: I agree with Mathews AJ. 2 LATHAM J: I agree with Mathews AJ. 3 MATHEWS AJ: The applicant seeks leave to appeal against a sentence imposed on him in the Sydney District Court in relation to an offence of importing into Australia narcotic goods, namely cocaine, in not less than the trafficable quantity for that drug, contrary to s 233B of the Customs Act 1901. On 16 September 2004 the applicant was sentenced by Graham DCJ to seven years imprisonment with a non-parole period of four years and four months, commencing on 14 November 2003. 4 The background of the matter is as follows. On the evening of 13 November 2003 the applicant left Singapore on flight QF6 for Sydney. On arrival at Sydney airport the next morning his baggage was searched. No drugs were found, but a swab of the inside of the bag showed positive for cocaine. The applicant consented to an internal search. For that purpose he was taken to St George Hospital where a scan revealed a number of foreign bodies in his digestive tract. Between 14 and 18 November 2003 he passed 100 white oblong shaped pellets containing a white crystalline powder which was later shown to be cocaine. The total quantity of powder weighed 520.1 grams and comprised 396.3 grams (76.2%) of pure cocaine. 5 Four other men from the same flight were also questioned by Customs officers upon their arrival in Sydney and, having consented to internal searches, were also taken to St George Hospital where they were shown to have foreign bodies in their digestive tracts. Each of them within the next few days passed pellets containing cocaine similar to those which were passed by the applicant. It was clear that they were all part of the same enterprise. All but one of their tickets had been purchased at the same time, and all but one of the five men were seated together on the plane. 6 The names of the co-offenders, and the amounts of cocaine passed by each of them, are as follows: Name No. of pellets Total weight % cocaine Pure cocaine Paul David King 50 253.1 g 85.2% 215.6 g Djamel Keram 100 518.5 g 74.4% 385.7 g Roger Marcel Jacob 73 386.6 g 85.7% 331.3 g PP 35 175.2 g 80.1% 140.3 g