ZZ v R [2019] NSWCCA 286

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: ZZ v R [2019] NSWCCA 286 Hearing dates: 27 November 2019 Decision date: 12 December 2019 Before: Hoeben CJ at CL at [1]; R A Hulme J at [2]; Button J at [41] Decision: 1. Grant leave to appeal and allow the appeal. 2. Quash the sentence imposed in the District Court on 12 October 2018 and substitute a sentence of imprisonment for 4 years, 4 months with a non-parole period of 2 years, 9 months dating from 15 April 2017. The applicant will become eligible for release on parole when the non-parole period expires on 14 January 2020. Catchwords: CRIME – application for leave to appeal against sentence – drug importation offences – whether applicant provided assistance to authorities – offender provided information including name, description, and location of recruiter to authorities in post-arrest interview – finding at sentence that information was of no real assistance to authorities – post-sentence police interview with German authorities – initial information provided by offender confirmed to be true and correct – further information provided by offender of "great value" to German prosecution of recruiter – whether evidence of post-sentencing events is admissible – principle that post-sentence events can be taken into account where significance of facts not appreciated until after sentence – applicant entitled to reduction of sentence for co-operation with authorities pursuant to s 16A(2)(h) Crimes Act 1914 (Cth) Legislation Cited: Crimes Act 1914 (Cth), ss 16A(2)(h), 16F Criminal Code (Cth), s 307.2(1) Cases Cited: DL v The Queen [2018] HCA 32; (2018) 358 ALR 666 R v Green (1918) 13 Cr App R 200 Khoury v R [2011] NSWCCA 118; (2011) 209 A Crim R 509 R v Smith (1987) 44 SASR 587 Category: Principal judgment Parties: ZZ (Applicant) Regina (Respondent) Representation: Counsel: Mr T Quilter (Applicant) Ms S Callan (Crown)