Mato v R; Rusu v R [2015] NSWCCA 328

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Mato v R; Rusu v R [2015] NSWCCA 328 Hearing dates: 6 October 2015 Decision date: 18 December 2015 Before: Gleeson JA at [1]; Hall J at [2] Campbell J at [131] Decision: Application by Zoltan Mato: (1) Leave to appeal granted. (2) Appeal dismissed.

Application by Marius Rusu: (1) Leave to appeal against sentence on Grounds 1 and 2 refused. (2) Leave to appeal against sentence on Ground 3 granted. (3) Appeal dismissed. Catchwords: CRIMINAL LAW – applications for leave to appeal against sentences – applicants were co-offenders convicted of conspiracy to import cocaine and dealing with proceeds of crime – whether sentences were manifestly excessive – whether the sentencing judge erred in assessing objective seriousness of offending – whether leave to appeal should be granted to the applicant Rusu to argue that his role in the criminal conspiracy was less than his co-offender when no issue on that question was raised before the sentencing judge – whether sentencing judge erred in degree of accumulation of sentences or application of principle of totality – additional criminality in the 'proceeds' offences concerning monies received from the cocaine importations over and above the conspiracy offences – whether principle of parity required sentencing judge to impose equal sentences where one applicant had dealt with a larger amount of money than the other but the other had a less favourable criminal history – held that sentences were not manifestly excessive – held that no errors made in relation to totality, accumulation or parity – appeals dismissed Legislation Cited: Copyright Act 1968 (Cth) Crimes Act 1900 Criminal Code 1995 Criminal Code Act 2005 (Cth) Customs Act 1901 (Cth) Cases Cited: Cahyadi v The Queen [2007] NSWCCA 1; (2007) 168 A Crim R 41 Dela Cruz v The Queen [2010] NSWCCA 333 Green v R; Quinn v R [2011] HCA 49; (2011) 244 CLR 462 House v The King (1936) 55 CLR 499 Johnson v R (2004) 78 ALJR 616 Loader v R; Dunn v R [2013] NSWCCA 215 Nahlous v The Queen [2010] NSWCCA 58; 77 NSWLR 463 Pearce v The Queen [1998] HCA 57; 194 CLR 610 Postiglione v R [1997] HCA 26; (1997) 189 CLR 295 R v Knight (2005) 155 A Crim 252 R v MAK [2006] NSWCCA 381 R v Rossi (1988) 142 LSJS 451 Romero v R [2011] VSCA 45; 206 A Crim R 519 Thorn v The Queen [2009] NSWCCA 294 Zreika v R [2012] NSWCCA 44 Category: Principal judgment Parties: Zoltan Mato (Applicant) Marius Rusu (Applicant) Regina (Respondent) Representation: Counsel: D Dalton SC (for Mato) S Odgers SC (for Rusu) W Abraham QC (The Crown)