Alpha v R [2015] NSWCCA 225

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Alpha v R [2015] NSWCCA 225 Hearing dates: 17 August 2015 Decision date: 17 August 2015 Before: Leeming JA at [1]; Price J at [2]; R A Hulme J at [3] Decision: 1. Extend time for the filing of the Notice of Application for Leave to Appeal to 2 June 2015; grant leave to appeal; and allow the appeal.

2. Quash the sentence imposed in the District Court on 17 October 2013 and in lieu, sentence the applicant to imprisonment for 6 years with a non-parole period of 3 years 8 months. The sentence is to date from 9 October 2012. The non-parole period will end on 8 June 2016 and the overall term will expire on 8 October 2018. Catchwords: CRIMINAL LAW – appeal against sentence – importing a marketable quantity of border controlled drug – 684 grams of cocaine – whether starting point of 12 years manifestly excessive – principles of sentencing for drug importation offences – application of guideline judgment in R v Wong and Leung (1999) 48 NSWLR 340 – relevance of quantity of drug - where applicant's role greater than that of mere courier – no manifest excess established in starting point or resulting sentence

CRIMINAL LAW – appeal against sentence – importing a marketable quantity of border controlled drug – 684 grams of cocaine – where arithmetical error in applying discount for guilty plea and assistance conceded – re-exercise of sentencing discretion – total discount increased to 50 per cent – applicant re-sentenced Legislation Cited: Crimes Act 1914 (Cth) s 16G Criminal Appeal Act 1912 (NSW) s 6(3) Criminal Code (Cth) s 307.2 Cases Cited: Adegoke v R [2013] NSWCCA 193; 234 A Crim R 280 Burns v R [2008] NSWCCA 260 Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; 79 NSWLR 1 Kentwell v The Queen [2014] HCA 37; 252 CLR 601 Kuti v R [2012] NSWCCA 43 McGeown v R [2014] NSWCCA 314 Minall and Watkins v R [2003] NSWCCA 311 R v Mas Rivadavia; R v El Akkaoui; R v Aksu [2004] NSWCCA 284; 61 NSWLR 63 R v Nguyen; R v Pham [2010] NSWCCA 238; 205 A Crim R 106 R v Vasquez [2003] NSWCCA 94 R v Wong & Leung [1999] NSWCCA 420; 48 NSWLR 340 Wong v The Queen [2001] HCA 64; 207 CLR 584 Young v R [2007] NSWCCA 114 Category: Principal judgment Parties: "Alpha" (Applicant) Regina (Respondent) Representation: Counsel: Mr J Stratton SC with Ms F Graham (Applicant) Mr Lenehan with Ms Bathurst (Crown)