Zaugg v R [2020] NSWCCA 53

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Zaugg v R [2020] NSWCCA 53 Hearing dates: 18 March 2020 Date of orders: 31 March 2020 Decision date: 31 March 2020 Before: Bathurst CJ at [1] Johnson J at [2] Ierace J at [81] Decision: 1. Time for the Applicant to apply for leave to appeal against sentence extended to 23 January 2020. 2. The Applicant is granted leave to appeal against sentence. 3. Appeal against sentence imposed on 15 May 2015 is allowed and the sentence quashed. 4. For the offence of importation of a commercial quantity of a border controlled drug, methamphetamine, the Applicant is sentenced to imprisonment for 10 years and nine months comprising a non-parole period of six years and four months commencing on 11 December 2013 and expiring on 10 April 2020 with a balance of four years and five months commencing on 11 April 2020 and expiring on 10 September 2024. 5. The earliest date upon which the Applicant will be eligible for release on parole is 11 April 2020. Catchwords: APPEAL - sentence - importing commercial quantity of a border controlled drug (methamphetamine) - applicant sentenced in 2015 - sentencing Judge did not have regard to utilitarian value of plea of guilty - Xiao v R error established - consideration of factors relevant to utilitarian value of plea - discount allowed - applicant with stronger subjective case on sentence in 2020 - lesser sentence warranted - applicant resentenced Legislation Cited: Crimes Act 1914 (Cth) Criminal Appeal Act 1912 Criminal Code (Cth) Cases Cited: Bae v R [2020] NSWCCA 35 Betts v The Queen (2016) 258 CLR 420; [2016] HCA 25 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 R v Borkowski (2009) 195 A Crim R 1; [2009] NSWCCA 102 R v Nguyen; R v Pham (2010) 205 A Crim R 106; [2010] NSWCCA 238 Tyler v R; R v Chalmers (2007) 173 A Crim R 458; [2007] NSWCCA 247 Xiao v R (2018) 96 NSWLR 1; [2018] NSWCCA 4 Texts Cited: --- Category: Principal judgment Parties: Jeanette Zaugg (Applicant) Regina (Respondent) Representation: Counsel: Ms M Avenell (Applicant) Mr LA Fernandez (Respondent)