R v Schmakowski [2001] NSWCCA 395

R v Schmakowski [2001] NSWCCA 395

The sentencing judge did not err in declining to sentence the applicant as a mere courier where the evidence did not permit an accurate assessment of his precise involvement, and there was no failure to take into account the guilty plea, admissions, co-operation, clear criminal history and subjective circumstances. Although the sentence was heavy, the offence was a very serious importation of a high-range trafficable quantity of MDMA for financial reward, requiring personal and general deterrence, and the sentence was not outside a legitimate exercise of sentencing discretion.

Jurisdiction
Australia
Judgment Date
28 September 2001
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal From a Sentence Imposed in the District Court
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['importation of Trafficable Quantity of MDMA or Ecstasy' 'manifest Excess' 'guilty Plea' 'assistance to Authorities' 'contrition' 'objective and Subjective Circumstances' 'drug Importation Deterrence']
['criminal Law' 'sentencing' 'criminal Appeals'] ['importation of Trafficable Quantity of MDMA or Ecstasy' 'manifest Excess' 'guilty Plea' 'assistance to Authorities' 'contrition' 'objective and Subjective Circumstances' 'drug Importation Deterrence']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal From a Sentence Imposed in the District Court

Legal Issues

  1. 1 ['Whether the sentence of eight years with a non-parole period of four years and nine months was manifestly excessive.' 'Whether the sentencing judge failed to take into account the utilitarian value of the guilty plea, assistance to authorities and contrition.' "Whether the sentencing judge's starting point for the sentence was too high." 'Whether the applicant should have been sentenced as a mere courier.']

Ratio Decidendi

The sentencing judge did not err in declining to sentence the applicant as a mere courier where the evidence did not permit an accurate assessment of his precise involvement, and there was no failure to take into account the guilty plea, admissions, co-operation, clear criminal history and subjective circumstances. Although the sentence was heavy, the offence was a very serious importation of a high-range trafficable quantity of MDMA for financial reward, requiring personal and general deterrence, and the sentence was not outside a legitimate exercise of sentencing discretion.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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