Duflaut v R [2019] NSWCCA 21

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Duflaut v R [2019] NSWCCA 21 Hearing dates: 30 January 2019 Date of orders: 13 February 2019 Decision date: 13 February 2019 Before: Hoeben CJ at CL Wright J Fagan J Decision: (1) Time is extended so far as necessary to permit the application for leave to appeal against sentence to proceed on its merits. (2) Leave to appeal is granted. (3)The sentence imposed in the District Court on 6 October 2017 is set aside. (4)In lieu thereof the applicant is sentenced to imprisonment for a term of 5 years and 3 months commencing on 7 August 2016 and expiring on 6 November 2021 with a non-parole period of 3 years and 6 months commencing on 7 August 2016 and expiring on 6 February 2020. The earliest date the applicant may be released to parole is 6 February 2020. Catchwords: CRIMINAL LAW -sentence - importing and exporting marketable quantities of border controlled drugs or border controlled plants – joint commission – whether his Honour erred in not allowing a discount for the utilitarian value of the plea of guilty – whether his Honour erred in the manner in which he dealt with the weight of the border controlled drug – whether there is a justifiable sense of grievance – disparity between sentence imposed on appellant and sentence imposed on co-offender Legislation Cited: Criminal Code (Cth) Cases Cited: Jinde Huang aka Wei Liu v R [2018] NSWCCA 70 Sintat v R [2018] NSWCCA 165 Xiao v R [2018] NSWCCA 4 Category: Principal judgment Parties: Regina Cedric Duflaut Representation: Counsel: R Ranken (Crown) A Hughes (Applicant)