Regina v K [2000] NSWCCA 200

Regina v K [2000] NSWCCA 200

The sentencing judge erred by adopting an eleven-year starting point for a courier importing a mid-range trafficable quantity of heroin. After the allowance required by s 16G of the Crimes Act 1914 (Cth), the correct head sentence before any discount was eight years. A discount of approximately, but not quite, forty percent for the applicant's substantial assistance was appropriate, reducing the head sentence to five years, with a non-parole period of three years; any lesser sentence would not sufficiently reflect the objective criminality of the offence.

Jurisdiction
Australia
Judgment Date
18 May 2000
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence and Appeal in the Court of Criminal Appeal
Outcome
Leave to appeal against sentence granted; appeal allowed; sentence quashed; applicant resentenced.
Legal Topics
['importing Heroin' 'trafficable Quantity' 'courier Sentencing' 'discount for Assistance' 'non Parole Period' 'protective Custody']
['criminal Law' 'sentencing'] ['importing Heroin' 'trafficable Quantity' 'courier Sentencing' 'discount for Assistance' 'non Parole Period' 'protective Custody']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence and Appeal in the Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the sentence of seven years' imprisonment with a non-parole period of four years for importing a trafficable quantity of heroin was manifestly excessive or outside the permissible range." 'Whether the sentencing judge used an excessive starting point of eleven years before applying the discount for assistance.' "What discount and non-parole period were appropriate having regard to the applicant's assistance, plea, subjective circumstances, protective custody and s 16G of the Crimes Act 1914 (Cth)."]

Ratio Decidendi

The sentencing judge erred by adopting an eleven-year starting point for a courier importing a mid-range trafficable quantity of heroin. After the allowance required by s 16G of the Crimes Act 1914 (Cth), the correct head sentence before any discount was eight years. A discount of approximately, but not quite, forty percent for the applicant's substantial assistance was appropriate, reducing the head sentence to five years, with a non-parole period of three years; any lesser sentence would not sufficiently reflect the objective criminality of the offence.

Court Disposition

Leave to appeal against sentence granted; appeal allowed; sentence quashed; applicant resentenced.

Orders

  • ['Leave to appeal against sentence granted.' 'Appeal allowed.' 'Sentence quashed.' 'In lieu of the sentence imposed, the applicant is sentenced to imprisonment for five years commencing on 29 November 1998 with a non-parole period of three years commencing on the same day.']