Udunna v R (Cth) [2020] NSWCCA 304

Udunna v R (Cth) [2020] NSWCCA 304

The sentence was not manifestly excessive because the offence carried a maximum penalty of life imprisonment, involved a very large quantity of methamphetamine, occurred over about six weeks, involved travel, secrecy, numerous participants and a discreet industrial location, and the applicant played an important trusted role even though not a managerial one. The sentencing judge did not err in considering the quantity of drugs or the applicant's role. The judge expressly accepted the applicant's prior good character and gave it some mitigating effect, but was entitled to give it less weight for serious drug importation offending where general deterrence was important.

Jurisdiction
Australia
Judgment Date
25 November 2020
Procedural Posture
Criminal Sentence Appeal / Application for Extension of Time and Leave to Appeal Against Sentence
Outcome
Extension of time and leave to appeal against sentence granted; appeal against sentence dismissed.
Legal Topics
['attempt to Possess an Unlawfully Imported Border Controlled Drug' 'methamphetamine' 'manifest Excess' 'prior Good Character' 'general Deterrence' 'comparable Sentences']
['criminal Law' 'sentencing' 'drug Offences'] ['attempt to Possess an Unlawfully Imported Border Controlled Drug' 'methamphetamine' 'manifest Excess' 'prior Good Character' 'general Deterrence' 'comparable Sentences']

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Procedural Posture

Criminal Sentence Appeal / Application for Extension of Time and Leave to Appeal Against Sentence

Legal Issues

  1. 1 ["Whether the sentence of 10 years' imprisonment with a non-parole period of 6 years and 6 months was manifestly excessive." "Whether the sentencing judge erred in not properly taking into account the applicant's prior good character."]

Ratio Decidendi

The sentence was not manifestly excessive because the offence carried a maximum penalty of life imprisonment, involved a very large quantity of methamphetamine, occurred over about six weeks, involved travel, secrecy, numerous participants and a discreet industrial location, and the applicant played an important trusted role even though not a managerial one. The sentencing judge did not err in considering the quantity of drugs or the applicant's role. The judge expressly accepted the applicant's prior good character and gave it some mitigating effect, but was entitled to give it less weight for serious drug importation offending where general deterrence was important.

Court Disposition

Extension of time and leave to appeal against sentence granted; appeal against sentence dismissed.

Orders

  • ['An extension of time until 28 October 2020 is granted for the applicant to seek leave to appeal against sentence.' 'Leave to appeal against sentence is granted.' 'The appeal against sentence is dismissed.']