Petkos v R [2020] NSWCCA 55

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Petkos v R [2020] NSWCCA 55 Hearing dates: 23 March 2020 Date of orders: 31 March 2020 Decision date: 31 March 2020 Before: R A Hulme J [1] Hamill J [2] Wilson J [44] Decision: (1) Application for leave to appeal against sentence granted (2) Appeal dismissed Catchwords: CRIMINAL LAW – sentencing – drug offences – supplying large commercial quantity of gamma-butyrolactone – GBL – drug imported from China – whether Judge erred in assessment of objective criminality – whether sentence manifestly excessive – whether error in failing to apply Victorian authority relating to importation of the same drug ­– authority described GBL as "low reward drug" – where Judge referred to "modest profit" received or expected – relevant matter was taken into account – no error in approach Legislation Cited: Criminal Code (Cth) Drug Misuse and Trafficking Act 1985 (NSW), ss 24A(1)(a), 25(1), 25(2) Cases Cited: Adams v The Queen (2008) 234 CLR 143; [2008] HCA 15 Davidson v R (2009) 75 NSWLR 150; [2009] NSWCCA 150 Director of Public Prosecutions (Cth) v Maxwell [2013] VSCA 50; 228 A Crim R 218 Director of Public Prosecutions (Vic) v Fatho [2019] VSCA 311 Ellis v The Queen [2018] VSCA 221 JM v R [2014] NSWCCA 297; 246 A Crim R 528 Mulato v R [2006] NSWCCA 282 R v Petkos (No. 2) [2019] NSWDC 330 The Director of Public Prosecutions v Maxwell [2013] HCATrans 178 Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64 Category: Principal judgment Parties: Jim Petkos (Applicant) Regina (Respondent) Representation: Counsel: I. Lloyd QC (Applicant) M. Kumar (Respondent)