Velez v R (Cth) [2015] NSWCCA 177

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Velez v R (Cth) [2015] NSWCCA 177 Hearing dates: 29 June 2015 Decision date: 03 July 2015 Before: Hoeben CJ at CL at [1] R A Hulme J at [29] Campbell J at [30] Decision: (1) Application for leave to appeal is granted. (2) The sentence imposed on the applicant in the District Court on 27 April 2012 is quashed. (3) In lieu thereof, the applicant is sentenced to imprisonment with a non-parole period of 10 years, commencing 2 December 2010 and expiring 1 December 2020, with a balance of term of 7 years expiring 1 December 2027. The applicant will be eligible for release on 1 December 2020. Catchwords: CRIMINAL LAW – sentence appeal – conspiracy to import a commercial quantity of a border controlled drug – whether failure to make proper allowance for applicant's subjective case – appeal allowed – applicant re-sentenced. Cases Cited: House v R [1936] HCA 40; 55 CLR 499 Kentwell v R [2014] HCA 37; 88 ALJR 947 Lam v R [2014] NSWCCA 50 Category: Principal judgment Parties: Juan Antonio Velez – Applicant Regina – Respondent Crown Representation: Counsel: Mr J Trevallion – Applicant Mr I Bourke SC – Respondent Crown

Solicitors: Matthew Lorkin Solicitor – Applicant Commonwealth Director of Public Prosecutions – Respondent Crown File Number(s): 2010/401567 Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 27 April 2012 Before: Frearson SC DCJ File Number(s): 2010/401567