Speer v Regina [2004] NSWCCA 118

Speer v Regina [2004] NSWCCA 118

The sentencing discretion miscarried because the judge treated the applicant, whose role was accepted as fairly low level and no more than a courier, as in a sense a principal; the reasons did not show that adequate credit was given for the late but utilitarian plea of guilty; and the judge failed to recognise a discretion, under s 16A of the Crimes Act 1914 (Cth), to avoid imposing a harsher sentence merely because s 16G had been repealed between plea and sentence. Having regard to the applicant's low-level courier role, lack of knowledge of the precise nature, quantity and quality of the drug, plea, remorse, prospects of rehabilitation, absence of prior convictions, and relevant...

Jurisdiction
Australia
Judgment Date
22 March 2004
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal against sentence granted; appeal allowed; sentence imposed below quashed; applicant resentenced to imprisonment for 9 years with a non-parole period of 6 years.
Legal Topics
['appeal Against Sentence' 'importing Narcotic Goods' 'heroin' 'commercial Quantity' 'courier' 'plea of Guilty' 'manifest Excess' 'crimes Act 1914 (cth) S 16 A' 'repeal of Crimes Act 1914 (cth) S 16 G']
['criminal Law' 'sentencing' 'drug Importation'] ['appeal Against Sentence' 'importing Narcotic Goods' 'heroin' 'commercial Quantity' 'courier' 'plea of Guilty' 'manifest Excess' 'crimes Act 1914 (cth) S 16 A' 'repeal of Crimes Act 1914 (cth) S 16 G']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing discretion miscarried because due regard was not given to s 16A of the Crimes Act 1914 (Cth).' 'Whether the sentence of imprisonment for 16 years with a non-parole period of 10 years was outside the permissible and appropriate range and manifestly excessive.' 'Whether the sentencing judge erred in finding that s 16G of the Crimes Act 1914 (Cth) had no application in the sentencing procedure after its repeal took effect between the plea and sentence.' 'Whether the sentencing judge erred by treating the applicant, whose involvement was accepted as fairly low level and no more than a courier, as in a sense the principal in the act of importation.' "Whether adequate allowance was made for the utilitarian value of the applicant's late plea of guilty."]

Ratio Decidendi

The sentencing discretion miscarried because the judge treated the applicant, whose role was accepted as fairly low level and no more than a courier, as in a sense a principal; the reasons did not show that adequate credit was given for the late but utilitarian plea of guilty; and the judge failed to recognise a discretion, under s 16A of the Crimes Act 1914 (Cth), to avoid imposing a harsher sentence merely because s 16G had been repealed between plea and sentence. Having regard to the applicant's low-level courier role, lack of knowledge of the precise nature, quantity and quality of the drug, plea, remorse, prospects of rehabilitation, absence of prior convictions, and relevant...

Court Disposition

Leave to appeal against sentence granted; appeal allowed; sentence imposed below quashed; applicant resentenced to imprisonment for 9 years with a non-parole period of 6 years.

Orders

  • ['Leave to appeal against sentence granted.' 'Appeal against sentence allowed.' 'Sentence imposed below quashed.' 'In lieu of the sentenced imposed below, the applicant is sentenced to imprisonment for a period of 9 years to commence on 26 April 2002 and expire on 25 April 2011, with a non-parole period of 6 years...