C v R [2013] NSWCCA 81

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: C v R [2013] NSWCCA 81 Hearing dates: 13 February 2013 Decision date: 22 April 2013 Before: Hoeben JA at [1] Adams J at [49] Beech-Jones J at [50] Decision: Leave to appeal is granted. The appeal is allowed. The sentence imposed by her Honour on 28 October 2011 is quashed and in lieu thereof the applicant is sentenced to imprisonment with a non-parole period of 9 years to date from 4 July 2010 and to expire on 3 July 2019 with a balance of term of 5 years and 3 months, expiring 3 October 2024. Catchwords: CRIMINAL LAW - sentence appeal - attempt to possess 60 kgs of cocaine - cocaine imported from Mexico - applicant entered Australia on instructions from cartel to take possession of cocaine - when arrested, applicant admitted offence and provided assistance to authorities - applicant received discount for early plea of guilty and assistance to authorities - whether sufficient discount given for assistance to authorities - assistance significant - life of applicant and family placed at risk by assistance - conditions of imprisonment made more difficult because in protection - discount for assistance insufficient - need for applicant to be re-sentenced. Legislation Cited: Crimes Act 1914 (Cth) - s 16A(1); s 16(2)(g) Crimes (Sentencing Procedure) Act 1999 (NSW) - s 23(3) Criminal Code (Cth) - 314.4, 307.8(1) Cases Cited: Cameron v R [2002] HCA 6; 209 CLR 339 Charkawi v R [2008] NSWCCA 159 R V Bugeja [2001] NSWCCA 196 R v Charman [2007] NSWSC 1177 R v Chu [1998] NSWSC 568 R v DW [2012] NSWCCA 66 R v El Hani [2004] NSWCCA 162 R v Lenati [2008] NSWCCA 67 R v NP [2003] NSWCCA 195 R v Standen [2011] NSWSC 1422 R v Sukkar [2006] NSWCCA 92; 172 A Crim R 151 SZ v Regina [2007] NSWCCA 19; I68 A Crim R 249 R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383 Tiknius v R [2011] NSWCCA 215 Tyler v Regina; Regina v Chalmers [2007] NSWCCA 247; 173 A Crim R 458 Category: Principal judgment Parties: C - Applicant Commonwealth Crown - Respondent Representation: Counsel: Mr H Dhanji SC - Applicant Mr L Crowley - Commonwealth Respondent Crown Solicitors: William O'Brien & Ross Hudson Solicitors - Applicant Commonwealth Director of Public Prosecutions - Respondent File Number(s): 2010/232160 Decision under appeal Date of Decision: 2011-10-28 00:00:00 Before: Hock DCJ File Number(s): 2010/232160