Jackson v The Queen

Case [2020] NSWCCA 230


Court of Criminal Appeal


Supreme Court


New South Wales

  • Summary available
  • Amendment notes
Medium Neutral Citation: Jackson v R [2020] NSWCCA 230
Hearing dates: 14 August 2020
Decision date: 11 September 2020
Before: Bell P at [1];
Johnson J at [2];
Rothman J at [8]
Decision:

(1)   Leave to appeal granted;

(2)   Appeal dismissed.

Catchwords:

CRIME – SENTENCE APPEAL – importation of commercial quantity of cocaine – characterisation of offender’s role in syndicate – manifest excess – offender was principal in Australia – “middle manager” – no error in characterisation – no manifest excess – if “crushing” sentence, then due to seriousness of offence at offender’s age – appeal dismissed

Legislation Cited:

Criminal Code Act 1995 (Cth), ss 307.1(1), 400.5(1)

Crimes Act 1914 (Cth), ss 16A, 16AC

Cases Cited:

Barbaro v the Queen; Zirilli v the Queen (2014) 253 CLR 58; [2014] HCA 2

Barton v R [2009] NSWCCA 164

Bugmy v The Queen (1990) 169 CLR 525; [1990] HCA 18

Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54

GAS v The Queen (2004) 217 CLR 198; [2004] HCA 22

Goebel-McGregor v R [2006] NSWCCA 390

House v The King (1936) 55 CLR 499; [1936] HCA 40

Paxton v R (2011) 219 A Crim R 104; [2011] NSWCCA 242

R v Holyoak (1995) 82 A Crim R 502

R v Jackson [2019] NSWDC 1

R v Kassir [2020] NSWCCA 88

R v McLean (2001) 121 A Crim R 484; [2001] NSWCCA 58

R v Nguyen; R v Pham (2010) 205 A Crim R 106; [2010] NSWCCA 238

Ta’ala v R [2008] NSWCCA 132

The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54

Tiknius v R (2011) 221 A Crim R 365; [2011] NSWCCA 215

Veen v R (No 2) (1988) 164 CLR 465; [1988] HCA 14

Wong v R (2001) 207 CLR 584; [2001] HCA 64

ZA v R (2017) 267 A Crim R 105; [2017] NSWCCA 132

Category:Principal judgment
Parties: Kent Anthony Jackson (Applicant)
Crown (Respondent)
Representation:

Counsel:
F Coyne (Applicant)
J Single SC / A Brown(Respondent)

Solicitors:
Legal Aid NSW (Applicant)
Office of the Director of Public Prosecutions (Cth) (Respondent)
File Number(s): 2017/346206
 Decision under appeal 
Court or tribunal:
District Court
Jurisdiction:
Crime
Citation:

[2019] NSWDC 1

Date of Decision:
29 January 2019
Before:
Berman SC DCJ
File Number(s):
2017/346206

Judgment

  1. BELL P: I agree with the reasons of Rothman J and the orders proposed by him. I also agree with the separate reasons of Johnson J.

  2. JOHNSON J: I have had the advantage of considering in draft the judgment of Rothman J. I agree with the orders proposed by his Honour and generally with his Honour’s reasons subject to the following additional observations.

  3. As the sentencing Judge found, the principal motivation of the Applicant to commit these serious crimes was financial gain with any element of threat being limited and with the effect of those threats on sentence being “relatively…

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Details
AGLC
Jackson v The Queen [2020] NSWCCA 230
Case
[2020] NSWCCA 230
Decision Date

CaseChat Overview and Summary

Jackson appealed against his conviction and sentence for importing a commercial quantity of cocaine. The appeal was heard by the High Court of Australia. The central issue before the court was whether the trial judge erred in characterising Jackson’s role in the drug importation syndicate. The court was also required to determine if the sentence imposed was manifestly excessive.

The court examined the evidence and concluded that the trial judge did not err in characterising Jackson as a principal in Australia and a "middle manager" within the syndicate. The court found that the sentence imposed was not manifestly excessive. The court reasoned that if the sentence appeared "crushing", it was due to the seriousness of the offence committed at Jackson's age. The court held that there was no error in the trial judge’s assessment of Jackson's role or in the sentence imposed. Consequently, the appeal was dismissed.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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