Regina v Bigic [2000] NSWCCA 9

Regina v Bigic [2000] NSWCCA 9

The appeal was dismissed because the disparity between the applicant's sentence and the undiscounted sentences of the female co-offenders was justified by the applicant's substantially greater role and later guilty plea, and because the quantity of mid-range drugs involved and the applicant's mid-level participation placed the nine-year sentence with a six-year non-parole period within the appropriate range, even allowing caution in applying R v Wong and Leung.

Jurisdiction
Australia
Judgment Date
11 February 2000
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['importation of Prohibited Imports' 'drug Importation' 'manifest Excess' 'parity With Co Offenders' 'guilty Plea' 'assistance to Authorities' 'guideline Sentencing']
['criminal Law' 'sentencing' 'customs and Excise'] ['importation of Prohibited Imports' 'drug Importation' 'manifest Excess' 'parity With Co Offenders' 'guilty Plea' 'assistance to Authorities' 'guideline Sentencing']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ["Whether the sentence of imprisonment for nine years with a non-parole period of six years was manifestly excessive having regard to the drugs involved and the applicant's role in the enterprise." 'Whether the sentence was disproportionate when compared with the sentences imposed on the two female co-offenders, allowing for their co-operation, assistance and more limited roles.' 'How the drugs and quantities involved should be approached in light of the Customs Act 1901 (Cth) and the guideline judgment in R v Wong and Leung [1999] NSWCCA 420, unreported.']

Ratio Decidendi

The appeal was dismissed because the disparity between the applicant's sentence and the undiscounted sentences of the female co-offenders was justified by the applicant's substantially greater role and later guilty plea, and because the quantity of mid-range drugs involved and the applicant's mid-level participation placed the nine-year sentence with a six-year non-parole period within the appropriate range, even allowing caution in applying R v Wong and Leung.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']