Court of Criminal Appeal
Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Cicero Olivares v R [2016] NSWCCA 270 Hearing dates: 24 October 2016 Date of orders: 02 December 2016 Decision date: 02 December 2016 Before: Ward JA
Fagan J
N Adams JDecision: 1. Leave to appeal is granted.
2. The appeal is dismissed.Catchwords: CRIMINAL Law – appeal against sentence – drug trafficking – methamphetamine – whether sentence manifestly excessive – comparative cases Legislation Cited: Crimes Act 1914 (Cth)
Criminal Code (the Schedule to the Criminal Code Act 1995) (Cth)
Criminal Code Regulations 2002 (Cth)Cases Cited: AB v The Queen (1999) 198 CLR 111; [1999] HCA 46
Barbaro v The Queen; Zirill v The Queen (2014) 253 CLR 58; [2014] HCA 2
Halac v R [2015] NSWCCA 121
Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45
Le v R (Cth) [2010] NSWCCA 285
Lowndes v The Queen (1999) 195 CLR 665; [1999] HCA 19
Markarian v The Queen [2006] 228 CLR 357; [2005] HCA 25
Sergi v Director of Public Prosecutions (Cth) [2005] VSCA 181
Shen, David Ying v R [2009] NSWCCA 251
The Queen v Tin Yu Ng; The Queen v Yik Lun Siu [2009] VSCA 218
The Queen v Pham [(2015) 90 ALJR 13, 325 ALR 400, 244 A Crim R 280 [2015] HCA 39Category: Principal judgment Parties: Matias Eduardo Cicero Olivares (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
Mr Lester Fernandez (Applicant)
Mr David Jordan (Respondent)
Ms Sarah Burke, Legal Aid Commission (Applicant)
Ms Stacey Hatch, Director of Public Prosecutions (Cth) (Respondent)
File Number(s): 2014/198435 Decision under appeal
- Court or tribunal:
- District Court of New South Wales
- Jurisdiction:
- Criminal
- Citation:
- Not published
- Date of Decision:
- 09 October 2015
- Before:
- Culver DCJ
- File Number(s):
- 2014/198435
Judgment
-
THE COURT: Matias Cicero Olivares applies for leave to appeal against the longer of two sentences imposed upon him in the District Court at Sydney on 9 October 2015. The offences to which he had pleaded guilty and the sentences imposed were as follows:
Trafficking in a commercial quantity of the controlled drug methamphetamine contrary to s 302.2(1) of the Criminal Code (the Schedule to the Criminal Code Act 1995 (Cth)): imprisonment for 15 years.
Dealing with money suspected to be proceeds of crime (money laundering) contrary to s 400.9(1A) of the Criminal Code: imprisonment for 12 months.
-
Both offences were committed on 4 July 2014. The applicant had been arrested that day. The learned sentencing judge ordered that the sentence for the money laundering offence should commence on the date of arrest and that the sentence for trafficking should commence 6 months later, on 4 January 2015. In accordance with s 19AB of the Crimes Act 1914 (Cth), her Honour fixed a single non-parole period of 9 years 6 months to commence on 4 July 2014 and to expire on 3 January 2024. Effectively, for the s 302.2(1) count the sentence was 15 years with…
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- Case
- [2016] NSWCCA 270
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the sentence imposed was manifestly excessive. The appeal argued that the sentence did not take into account the respondent's personal circumstances and was disproportionately harsh when compared to sentences in similar cases. The court needed to consider the principles of sentencing, particularly the need for proportionality and consistency, and assess whether the trial judge had adequately considered these principles.
The court carefully reviewed the sentencing principles and the evidence presented. It noted the significant quantity of methamphetamine involved but also considered the respondent's personal circumstances and the comparative sentences in similar cases. The court found that while the quantity of drugs warranted a substantial sentence, the sentence imposed was not manifestly excessive. It concluded that the trial judge had properly exercised their discretion and had considered all relevant factors, including the need for deterrence and denunciation. Consequently, the appeal was dismissed, and the original sentence was upheld.
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