Klomfar v R [2019] NSWCCA 61

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Klomfar v R [2019] NSWCCA 61 Hearing dates: 11 March 2019 Date of orders: 29 March 2019 Decision date: 29 March 2019 Before: Payne JA at [1] Bellew J at [2] Campbell at [45] Decision: (1) Leave to appeal is granted. (2) The appeal is dismissed. Catchwords: CRIMINAL LAW – Offences – Appeal – Sentence –Where applicant pleaded guilty to importing a quantity of cocaine in excess of the commercial quantity – Where there was a disparity in the sentence imposed upon the applicant compared with the sentence imposed upon a co-offender – Whether the applicant had a justifiable sense of grievance – Where there were clear distinguishing features between the objective criminality and the subjective circumstances of the applicant and that of the co-offender – No unjustified disparity in the sentences imposed

CRIMINAL LAW – Offences – Appeal – Sentence –Whether sentence imposed upon the applicant was manifestly excessive –– Serious offending involving the importation of a quantity of cocaine which was substantially in excess of the commercial quantity – Applicant had travelled from Europe to the United States to collect the cocaine before travelling to Australia – Significance of role played by the applicant in effecting the importation – Sentence not manifestly excessive Legislation Cited: Crimes Act 1914 (Cth) Criminal Code 1995 (Cth) Cases Cited: Budiman v R (1998) 102 A Crim R 411 Dinsdale v R [2000] HCA 54; (2000) 202 CLR 321 Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194 Green v R; Quinn v R [2011] HCA 49; (2011) 244 CLR 462 Le Cerf v R (1975) 13 SASR 237 Lindsay v R [2012] NSWCCA 124 Lowe v R (1984) 145 CLR 606; [1984] HCA 46 Postiglione v R [1997] HCA 26; (1997) 189 CLR 295 R v Holland [2011] NSWCCA 65 R v Olbrich [1999] HCA 54; (1999) 199 CLR 270 Vaiusu v R [2017] NSWCCA 71 Xiao v R [2018] NSWCCA 4 Category: Principal judgment Parties: Petr Klomfar - Applicant Regina - Respondent Representation: Counsel: I McLachlan - Applicant R Ranken - Respondent