RCW v R (No 2) [2014] NSWCCA 190

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: RCW v R (No 2) [2014] NSWCCA 190 Hearing dates: 28 July 2014 Decision date: 24 September 2014 Before: Bathurst CJ at [1]; Adams J at [2]; R A Hulme J at [8] Decision: 1. Leave to appeal against sentence granted. 2. Appeal allowed. 3. The sentence imposed in the District Court is quashed and the appellant is sentenced to imprisonment for 2 years dating from 14 July 2013. The Court directs that on 14 July 2014 the appellant be released upon entering into a recognizance to be of good behaviour for 1 year until 13 July 2015 upon giving security without surety in the sum of $1. Catchwords: CRIMINAL LAW - appeal against sentence - aid and abet attempted importation of commercial quantity of border controlled drug - issue of criminal liability after reporting offence to police - error in placing undue weight on sentences imposed in other importation cases - single case erroneously given determinative significance - no instinctive synthesis - purposes of sentencing not properly accounted for Legislation Cited: Crimes Act 1914 (Cth) Criminal Appeal Act 1912 (NSW) Criminal Code (Cth) Cases Cited: Barbaro v The Queen; Zirilli v The Queen [2014] HCA 2; 305 ALR 323 Chan, Lo and Nguyen v R [2010] NSWCCA 153 DBW v R [2007] NSWCCA 236 Hili v The Queen; Jones v The Queen [2010] HCA 45; 242 CLR 520 Markarian v The Queen [2005] HCA 25; 228 CLR 357 N v R; AP v R [2009] NSWCCA 108 R v Burns [2007] NSWCCA 228 R v Holland [2011] NSWCCA 65; 205 A Crim R 429 R v McNamara [2005] NSWCCA 195 R v Nguyen; R v Pham [2010] NSWCCA 238; 205 A Crim R 106 R v Pham [2005] NSWCCA 94 R v Tiknius [2011] NSWCCA 215 RCW v R [2014] NSWCCA 169 Wong v The Queen; Leung v The Queen [2001] HCA 64; 207 CLR 584 Category: Principal judgment Parties: RCW (Applicant) Regina (Respondent) Representation: Counsel: Mr Dhanji SC (Applicant) Mr L Crowley (Crown) Solicitors: Legal Aid Commission NSW Commonwealth Director of Public Prosecutions File Number(s): 2012/271407 Decision under appeal Jurisdiction: 9101 Date of Decision: 2013-10-10 00:00:00 Before: Ellis DCJ File Number(s): 2012/271407