Ramos v R [2018] NSWCCA 206

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ramos v R [2018] NSWCCA 206 Hearing dates: 7 September 2018 Date of orders: 26 September 2018 Decision date: 26 September 2018 Before: Ward CJ in Eq at [1]; Bellew J at [2]; Beech-Jones J at [3] Decision: (1) Leave to appeal against the sentence imposed by the District Court on 23 September 2016 for an offence under s 193B(2) of the Crimes Act 1900 be granted;

(2) The appeal be allowed;

(3) In lieu thereof, the appellant be sentenced to a term of imprisonment of 13 months commencing 22 February 2015 and expiring 21 March 2016 with a non-parole period of 9 months commencing 22 February 2015 and expiring 21 November 2015;

(4) Pursuant to s 7(1A) of the Criminal Appeal Act 1912 the sentence imposed on 23 September 2016 for an offence under s 307.8(1) of the Criminal Code (Cth) be varied so that that sentence of imprisonment for 6 years will commence on 22 November 2015 and expire on 21 November 2021 and the non-parole period of 4 years will expire on 21 November 2019. Catchwords: SENTENCING – dealing with Proceeds of Crimes – Crimes Act – s 193B(2) – possession of $12,900 – admission one-third derived from drug sales – finding offence "above the middle of any scale constructed for such offences" – little known about offence – finding not open – error – sentencing discretion re-exercised Legislation Cited: Crimes Act 1900 (NSW), s 193B Criminal Appeal Act 1912 (NSW), s 7 Criminal Code 1995 (Cth), s 307.8 Crimes (Sentencing Procedure) Act 1999 (NSW), s 44 Cases Cited: Betts v The Queen (2016) 258 CLR 420; [2016] HCA 25 Burns v R [2010] NSWCCA 279 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Mulato v R [2006] NSWCCA 282 Pearce v R (1998) 194 CLR 610; [1998] HCA 57 R v Campbell [2014] NSWCCA 102 Smaragdis v R [2010] NSWCCA 276 Category: Principal judgment Parties: Cristian Mosso Ramos (Applicant) Regina (Crown) Representation: Counsel: T Quilter (Applicant) L Crowley (Crown)