Isaac v R [2012] NSWCCA 195

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Isaac v R [2012] NSWCCA 195 Hearing dates: 10/07/2012 Decision date: 14 September 2012 Jurisdiction: Criminal Before: Hoeben JA at [1] Latham J at [2] Garling J at [3] Decision: (1) Grant leave to appeal. (2) Appeal allowed. (3) Quash each of the sentences imposed by the District Court of NSW (Syme DCJ) on 16 August 2011. (4) In lieu thereof, Mr Isaac is sentenced as follows: Count 3: a sentence of imprisonment of 7 years and 6 months commencing on 11 August 2009; Count 2: a sentence of imprisonment of 8 years and 4 months commencing on 11 August 2010; Count 1: a sentence of imprisonment of 8 years and 4 months commencing on 11 February 2011. In respect of all counts, Mr Isaac is sentenced to an aggregate sentence of 9 years and 10 months commencing on 11 August 2009 and concluding on 10 June 2019. (5) Fix a minimum non-parole period of 7 years and 5 months commencing on 11 August 2009 and concluding on 10 January 2017, which is the first day upon which Mr Isaac will be entitled to be released. Catchwords: CRIMINAL LAW - application for leave to appeal against severity of sentence - three counts of aiding and abetting the importation of a marketable quantity of a border control drug - discount for assistance - appeal allowed - sentence reduced Legislation Cited: Crimes Act 1914 (Cth) Criminal Appeal Act 1912 Criminal Code Act 1995 (Cth) Cases Cited: Cameron v R [2002] HCA 6; (2002) 209 CLR 339 Felton v R [2010] NSWCCA 79 FS v R [2009] NSWCCA 301; (2009) 198 A Crim R 383 Pearce v R [1998] HCA 57; (1998) 194 CLR 610 R v Cartwright (1989) 17 NSWLR 243 R v Gallagher (1991) 23 NSWLR 220 R v Golding (1980) 24 SASR 161 R v James and Sharman (1913) 9 Cr App R 142 R v Lowe (1977) 66 Cr App R 122; R v Pang [1999] NSWCCA 4; (1999) 105 A Crim R 474 R v Perez-Vargas (1986) 6 NSWLR 559 R v Robert Borkowski [2009] NSWCCA 102; (2009) 195 A Crim R 1 R v Sukkar [2006] NSWCCA 92; (2006) 172 A Crim R 151 SZ v R [2007] NSWCCA 19; (2007) 168 A Crim R 249 Tyler v R [2007] NSWCCA 247; (2007) 173 A Crim R 458 Category: Principal judgment Parties: Sam Isaac The Crown Representation: Counsel: D Carroll (A) C P O'Donnell (Crown) Solicitors: Legal Aid Commission of NSW (A) Commonwealth Director of Public Prosecutions (Crown) File Number(s): 2009/69063 Publication restriction: Nil Decision under appeal Date of Decision: 2011-08-16 00:00:00 Before: Syme DCJ File Number(s): 2009/69063