PC v R [2016] NSWCCA 137

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: PC v R [2016] NSWCCA 137 Hearing dates: 20 November 2015 Date of orders: 15 July 2016 Decision date: 15 July 2016 Before: Simpson JA at [1] Johnson J at [2] Davies J at [3] Decision: (1) Leave to appeal granted.

(2) Appeal upheld.

(3) Quash the sentence of the District Court imposed on 17 October 2014. In lieu, sentence the Appellant as follows:

(a) On count 2 sentence the Appellant to imprisonment for 15 years commencing 4 November 2011 and expiring 3 November 2026;

(b) On count 1 and taking into account the matters on the s 16BA Schedule, sentence the Appellant to imprisonment for 17 years and 6 months commencing 4 November 2014 and expiring 3 May 2032;

(c) The Appellant should serve a single non-parole period of 14 years and 6 months commencing 4 November 2011 and expiring 3 May 2026. Catchwords: CRIMINAL LAW – appeal against sentence – drug importation syndicate – importing a commercial quantity of border controlled drugs – two counts on indictment with three more imports on s 16BA Schedule - whether sentencing judge erred in characterising applicant's role – discount for assistance – late offer of assistance – assessed as low to medium value – applicant's youth and dysfunctional background – whether considered - concurrency and accumulation – totality principle – all imports part of a course of offending over short period of time – whether the extent of accumulation produced a crushing sentence – error demonstrated in extent of accumulation – need to re-sentence – parity considerations Legislation Cited: Criminal Code Act 1995 (Cth) Cases Cited: Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571 Engert v R (1995) 84 A Crim R 67 GJ v R [2014] NSWCCA 292 House v The King (1936) 55 CLR 499 Kentwell v The Queen [2014] HCA 37; (2014) 252 CLR 601 Olbrich v R [1999] 199 CLR 270 R v Lachlan [2015] NSWCCA 178 R v XX [2009] NSWCCA 115; (2009) 195 A Crim R 38 Category: Principal judgment Parties: PC (Applicant) Crown (Respondent) Representation: Counsel: P Boulten SC (Applicant) P McDonald SC (Respondent)