R v Pimentel [1999] NSWCCA 401

R v Pimentel [1999] NSWCCA 401

The evidence was properly admitted as the discretion under s 138 of the Evidence Act 1995 was properly exercised; there was sufficient evidence of knowledge and participation in importation for the jury; no evidence warranted leaving duress to the jury; and the sentence imposed, in comparison with the co-offender and having regard to the appellant’s criminality and priors, was not manifestly inadequate.

Jurisdiction
Australia
Judgment Date
10 December 1999
Procedural Posture
Criminal Appeal / Decision on Appeal
Outcome
Appeal against conviction dismissed; Crown appeal against sentence dismissed; conviction and sentence confirmed.
Legal Topics
['importation of Narcotic Goods' 'duress' 'sentencing (crown Appeal, Parity)' 'illegally Obtained Evidence']
['criminal Law'] ['importation of Narcotic Goods' 'duress' 'sentencing (crown Appeal, Parity)' 'illegally Obtained Evidence']

Case Brief

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Procedural Posture

Criminal Appeal / Decision on Appeal

Legal Issues

  1. 1 ['Whether evidence was properly admitted to prove importation into Australia of narcotic goods' 'Whether there was evidence the appellant knew of the cargo’s destination and took part in importation' 'Whether there was evidence to support defence of duress to be left to the jury' 'Whether sentencing was inadequate (parity, prior convictions)']

Ratio Decidendi

The evidence was properly admitted as the discretion under s 138 of the Evidence Act 1995 was properly exercised; there was sufficient evidence of knowledge and participation in importation for the jury; no evidence warranted leaving duress to the jury; and the sentence imposed, in comparison with the co-offender and having regard to the appellant’s criminality and priors, was not manifestly inadequate.

Court Disposition

Appeal against conviction dismissed; Crown appeal against sentence dismissed; conviction and sentence confirmed.

Orders

  • ['Appeal against conviction dismissed' 'Crown appeal against sentence dismissed' 'Conviction and sentence confirmed']