Balloey v R [2014] NSWCCA 165

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Balloey v R [2014] NSWCCA 165 Hearing dates: 1 April 2014 Decision date: 20 August 2014 Before: Hoeben CJ at CL at [1]; Adams J at [2]; Hall J at [41] Decision: 1. Grant the extension of time for leave to appeal. 2. Grant leave to appeal. 3. Allow the appeal. 4. Quash the sentence imposed in the District Court and substitute a sentence as follows - A term of imprisonment of 19 years, with a non-parole period of 13 years, commencing on 1 November 2003. Catchwords: CRIMINAL LAW - sentence appeal - attempt to possess prohibited import - applicant also involved in importation - relevance - whether principal or courier - parity with co-offender responsible for distribution in Australia Legislation Cited: Customs Act 1901 (Cth), s 233B(1)(c) Criminal Appeal Act 1912 (NSW), s 6(3) Cases Cited: El-Ghourani v R [2009] NSWCCA 140; (2009) 195 A Crim R 208 The Queen v Olbrich (1999) 199 CLR 270; 108 A Crim R 464 R v Guiu [2002] NSWCCA 181; (2002) 129 A Crim R 387 Tu v R [2011] NSWCCA 31 Category: Principal judgment Parties: Marnix Balloey (Appellant) Regina (Respondent) Representation: Counsel: P Rosser QC (Appellant) K Chapple SC (Respondent) Solicitors: Wade Law (Appellant) Director of Public Prosecutions (Cth) (Respondent) File Number(s): 2007/5888 Decision under appeal Jurisdiction: 9101 Date of Decision: 2007-12-13 00:00:00 Before: Woods DCJ File Number(s): 2004/15627