Mato v R; Rusu v R [2015] NSWCCA 328

Mato v R; Rusu v R [2015] NSWCCA 328

The sentences were not manifestly excessive because the applicants were principals in a sophisticated, greedy and highly organised conspiracy involving six importations of at least 209 kilograms of cocaine and large proceeds of crime. The proceeds offences involved additional criminality through substantial and sophisticated laundering transactions, so partial accumulation did not offend totality. The sentencing judge recognised overlap and allowed substantial concurrency. No material parity error was shown, and the evidence did not establish that Rusu had a materially lesser role than Mato; both acted together as equal participants. Accordingly Mato's appeal was dismissed and Rusu was...

Jurisdiction
Australia
Judgment Date
18 December 2015
Procedural Posture
Applications for Leave to Appeal Against Sentences / Court of Criminal Appeal From Sentences Imposed in the District Court on 3 September 2010
Outcome
Applications determined; Mato granted leave but appeal dismissed; Rusu refused leave on Grounds 1 and 2, granted leave on Ground 3, but appeal dismissed.
Legal Topics
['manifest Excess' 'objective Seriousness' 'conspiracy to Import Cocaine' 'dealing With Proceeds of Crime' 'totality Principle' 'accumulation and Concurrency' 'parity Between Co Offenders' 'role in Criminal Hierarchy']
['criminal Law' 'sentencing' 'drug Importation' 'proceeds of Crime'] ['manifest Excess' 'objective Seriousness' 'conspiracy to Import Cocaine' 'dealing With Proceeds of Crime' 'totality Principle' 'accumulation and Concurrency' 'parity Between Co Offenders' 'role in Criminal Hierarchy']

Case Brief

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Procedural Posture

Applications for Leave to Appeal Against Sentences / Court of Criminal Appeal From Sentences Imposed in the District Court on 3 September 2010

Legal Issues

  1. 1 ['Whether the sentences imposed on Zoltan Mato and Marius Rusu were manifestly excessive.' "Whether the sentencing judge erred in assessing the objective seriousness of the applicants' offending." 'Whether the sentencing judge erred in the degree of accumulation between the conspiracy sentence and the proceeds of crime sentence, or in applying the totality principle.' 'Whether the principle of parity required different or equal treatment given Mato dealt with more money and Rusu had a less favourable criminal history.' "Whether Rusu should be permitted on appeal to argue that his role in the conspiracy was less serious than Mato's when that issue was not raised before the sentencing judge."]

Ratio Decidendi

The sentences were not manifestly excessive because the applicants were principals in a sophisticated, greedy and highly organised conspiracy involving six importations of at least 209 kilograms of cocaine and large proceeds of crime. The proceeds offences involved additional criminality through substantial and sophisticated laundering transactions, so partial accumulation did not offend totality. The sentencing judge recognised overlap and allowed substantial concurrency. No material parity error was shown, and the evidence did not establish that Rusu had a materially lesser role than Mato; both acted together as equal participants. Accordingly Mato's appeal was dismissed and Rusu was...

Court Disposition

Applications determined; Mato granted leave but appeal dismissed; Rusu refused leave on Grounds 1 and 2, granted leave on Ground 3, but appeal dismissed.

Orders

  • ['Application by Zoltan Mato: Leave to appeal granted.' 'Application by Zoltan Mato: Appeal dismissed.' 'Application by Marius Rusu: Leave to appeal against sentence on Grounds 1 and 2 refused.' 'Application by Marius Rusu: Leave to appeal against sentence on Ground 3 granted.' 'Application by Marius Rusu: Appeal...