Woodrum v R [2019] NSWCCA 270

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Woodrum v R [2019] NSWCCA 270 Hearing dates: 30 October 2019 Date of orders: 13 November 2019 Decision date: 13 November 2019 Before: Gleeson JA at [1] Harrison J at [2] Cavanagh J at [37] Decision: (1) Grant Ms Woodrum leave to appeal. (2) Allow the appeal. (3) Quash the sentence imposed upon her by Wass DCJ on 6 September 2018. (4) In lieu thereof, sentence Ms Woodrum to a non-parole period of imprisonment of 3 years commencing on 4 August 2017 and expiring on 3 August 2020 with a balance of term of 2 years expiring on 3 August 2022. Catchwords: CRIME – sentence appeal – where applicant pleaded guilty to importing a marketable quantity of cocaine – where applicant sentenced to a term of imprisonment of 7 years and 6 months with a non-parole period of 4 years and 6 months – where Crown concedes sentencing judge erred – re-sentence – whether applicant tricked into importing cocaine by on-line suitor whom she had not met – whether applicant's offending motivated by financial greed – sentence quashed – new sentence imposed Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5(1)(c) Criminal Code 1995 (Cth), s 307.2(1) Cases Cited: Bertilone v R (2009) 231 FLR 383; [2009] WASCA 149 Chang v R [2011] NSWCCA 182 Di Tommaso v R [2010] VSCA 178 Greentree v R [2018] NSWCCA 227 Kentwell v R (2014) 252 CLR 601; [2014] HCA 37 R v Sutton [2013] QCA 151 Category: Principal judgment Parties: Denise Marie Woodrum (Applicant) Crown (Respondent) Representation: Counsel: T D Anderson (Applicant) M England (Respondent)