MALDONADO v R [2009] NSWCCA 189

New South Wales Court of Criminal Appeal

CITATION: MALDONADO v R [2009] NSWCCA 189

HEARING DATE(S): 2 June 2009

JUDGMENT DATE: 20 July 2009

JUDGMENT OF: Campbell JA at 1; Latham J at 2; Harrison J at 76

(i) Leave to appeal granted and appeal allowed. (ii) Quash the sentences imposed on 18 April 2008. (iii) On the offence of dealing in money being the proceeds of crime to the value of approximately $600,000:00, the applicant is sentenced to 10 years imprisonment to date from 12 June 2006, expiring 11 June 2016. DECISION: (iv) On the offence of dealing in money being the proceeds of crime to the value of approximately $150,000:00, the applicant is sentenced to 8 years imprisonment to date from 12 June 2006, expiring 11 June 2014. A further offence under s 400.5(1) of the Criminal Code Act is taken into account in imposing this sentence. (v) On the offence of trafficking a commercial quantity of cocaine, the applicant is sentenced to 15 years imprisonment, to date from 12 June 2010, expiring 11 June 2025. A further offence under s 307.9(1) of the Criminal Code Act is taken into account in imposing this sentence. (vi) On the offence of aid and abet the manufacture of a commercial quantity of cocaine, the applicant is sentenced to 22 years imprisonment, to date from 12 June 2012, expiring 11 June 2034. (vii) A non parole period pursuant to s 19AB of the Crimes Act of 17 years is imposed, to date from 12 June 2006, expiring 11 June 2023. The applicant is eligible for release to parole on 12 June 2023.

CATCHWORDS: CRIMINAL LAW - Sentence appeal - aid and abet manufacture commercial quantity of cocaine - trafficking a commercial quantity of cocaine - money laundering - integral role in commission of offences - error in noting Crown submission as to proposed aggregate sentence and non parole period - material error requiring intervention - parity - manifest excess - appeal allowed.