Masri v R [2023] NSWCCA 266

Masri v R [2023] NSWCCA 266

The sentencing judge did not err in finding that the assistance of undercover operatives did not diminish the applicant's culpability, as he was a willing and principal participant who would have sought other means to facilitate the importation. Although there was error in treating the quantum of unpaid duty and GST as actual loss, rather than intended evasion, this did not warrant a reduced sentence in all circumstances.

Parties
Crown: Rex; Applicant: Ahmad Masri
Jurisdiction
Australia
Judgment Date
27 October 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence; Judgment of Court of Criminal Appeal
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
Appeal Against Sentence, Customs Offences, Sentencing Principles, Police Involvement in Offence, Intent to Defraud Revenue
Criminal Law Appeal Against Sentence Customs Offences Sentencing Principles Police Involvement in Offence Intent to Defraud Revenue

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Parties

Rex

Crown

Ahmad Masri

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Sentence; Judgment of Court of Criminal Appeal

Legal Issues

  1. 1 Whether involvement of undercover operatives reduced the applicant's moral culpability in importation offence
  2. 2 Whether sentencing judge erred by considering unpaid duty and GST as actual loss in sentencing for customs offences

Ratio Decidendi

The sentencing judge did not err in finding that the assistance of undercover operatives did not diminish the applicant's culpability, as he was a willing and principal participant who would have sought other means to facilitate the importation. Although there was error in treating the quantum of unpaid duty and GST as actual loss, rather than intended evasion, this did not warrant a reduced sentence in all circumstances.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • Grant leave to appeal against sentence.
  • Dismiss the appeal.