Woodrum v R [2019] NSWCCA 270

Woodrum v R [2019] NSWCCA 270

Because the Crown conceded sentencing error and the evidence showed that Ms Woodrum was highly reckless rather than proved to have actual knowledge, was not involved in planning or sourcing the drugs, was significantly deceived by an online romantic suitor, had strong subjective circumstances and prior good character, and had excellent prospects of rehabilitation, the original sentence was unreasonable and plainly unjust. The appeal was allowed, the sentence was quashed, and a lesser sentence was imposed.

Jurisdiction
Australia
Judgment Date
13 November 2019
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence; Re Sentence by Court of Criminal Appeal
Outcome
Leave granted; appeal allowed; original sentence quashed; applicant re-sentenced.
Legal Topics
['importing a Marketable Quantity of Cocaine' 'border Controlled Drugs' 'sentence Appeal' 'manifest Excess' 're Sentencing' 'general Deterrence' 'moral Culpability']
['criminal Law' 'sentencing'] ['importing a Marketable Quantity of Cocaine' 'border Controlled Drugs' 'sentence Appeal' 'manifest Excess' 're Sentencing' 'general Deterrence' 'moral Culpability']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence; Re Sentence by Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether leave to appeal against sentence should be granted.' 'Whether the sentencing judge erred by sentencing on an erroneous understanding or statement concerning the amount by which the cocaine exceeded the marketable quantity.' 'Whether the sentence of 7 years and 6 months with a non-parole period of 4 years and 6 months was manifestly excessive.' "Whether, on re-sentence, Ms Woodrum's offending was significantly influenced by deception by an online suitor and whether financial gain was a significant motivation." 'What sentence should be imposed having regard to objective seriousness, moral culpability, good character, subjective factors, deterrence and comparable cases.']

Ratio Decidendi

Because the Crown conceded sentencing error and the evidence showed that Ms Woodrum was highly reckless rather than proved to have actual knowledge, was not involved in planning or sourcing the drugs, was significantly deceived by an online romantic suitor, had strong subjective circumstances and prior good character, and had excellent prospects of rehabilitation, the original sentence was unreasonable and plainly unjust. The appeal was allowed, the sentence was quashed, and a lesser sentence was imposed.

Court Disposition

Leave granted; appeal allowed; original sentence quashed; applicant re-sentenced.

Orders

  • ['Grant Ms Woodrum leave to appeal.' 'Allow the appeal.' 'Quash the sentence imposed upon her by Wass DCJ on 6 September 2018.' 'In lieu thereof, sentence Ms Woodrum to a non-parole period of imprisonment of 3 years commencing on 4 August 2017 and expiring on 3 August 2020 with a balance of term of 2 years expiring...