REGINA v ROMERO-CEPEDA [2000] NSWCCA 229

REGINA v ROMERO-CEPEDA [2000] NSWCCA 229

The appeal failed because the applicant's role as the chemist was vital to the success of the importation scheme, he was convicted in relation to the whole commercial quantity of 3.5739 kilograms of pure cocaine, and the other participants had lesser roles, were charged in relation to smaller quantities or under different legislation, or had mitigating factors. The applicant therefore had no justifiable sense of grievance from the differences in sentence, and the sentence imposed was within the sentencing judge's discretion and within the relevant range identified in R v Wong and Leung.

Jurisdiction
Australia
Judgment Date
09 June 2000
Procedural Posture
Criminal Sentencing Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentencing' 'drug Importation' 'parity of Sentences' 'commercial Quantity of Cocaine']
['criminal Law'] ['sentencing' 'drug Importation' 'parity of Sentences' 'commercial Quantity of Cocaine']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the applicant had a justifiable sense of grievance because his sentence was markedly disparate from sentences imposed on other persons involved in the criminal enterprise.' 'Whether the sentencing judge made a legal error by refusing to take into account parity with the sentences imposed on Cardona and other participants.' 'Whether the sentence of eleven years with a non-parole period of six and a half years was within the available sentencing discretion.']

Ratio Decidendi

The appeal failed because the applicant's role as the chemist was vital to the success of the importation scheme, he was convicted in relation to the whole commercial quantity of 3.5739 kilograms of pure cocaine, and the other participants had lesser roles, were charged in relation to smaller quantities or under different legislation, or had mitigating factors. The applicant therefore had no justifiable sense of grievance from the differences in sentence, and the sentence imposed was within the sentencing judge's discretion and within the relevant range identified in R v Wong and Leung.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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