NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Mauceri v Regina [2007] NSWCCA 262
HEARING DATE(S): 10 August 2007
JUDGMENT DATE: 4 September 2007
JUDGMENT OF: McClellan CJ at CL at 1; Harrison J at 2; Fullerton J at 49
DECISION: Leave to appeal granted. Appeal dismissed.
CATCHWORDS: CRIMINAL LAW - leave to appeal against sentence - conspiracy to import commercial quantity of MDMA - whether sentence manifestly excessive having regard to applicant's involvement in offence and early guilty plea - whether appropriate sentencing discounts allowed having regard to applicant's advanced age, poor health and the combined effect of an early guilty plea and applicant's willingness to assit authorities - question of parity with co-offender - appeal dismissed
LEGISLATION CITED: Customs Act 1901 - ss 233(1)(b), 235(2)(c)(i)
R v Gallagher (1991) 23 NSWLR 220 R v Olbrich (1999) 199 CLR 270 CASES CITED: R v Shepherd 142 A Crim R 101; [2003] NSWCCA 287 R v Joseph Sukkar [2006] NSWCCA 92 R v Si ThanhTo [2007] NSWCCA 200 SZ v Regina 168 A Crim R 249; [2007] NSWCCA 19
PARTIES: Antonio Mauceri (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2006/4658 (formerly 2007/1219)
COUNSEL: Mr P Byrne SC (Applicant) Mr M Wigney (Respondent)
SOLICITORS: Gregory J Goold (Applicant) Commonwealth Director of Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/11/0269
LOWER COURT JUDICIAL OFFICER: Andrew A-DCJ
LOWER COURT DATE OF DECISION: 20 December 2005 (date of sentence)
IN THE COURT OF CRIMINAL APPEAL 2006/4658 (formerly 2007/1219)
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