Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Kurniawan v R [2017] NSWCCA 171 Hearing dates: 26 May 2017 Decision date: 21 July 2017 Before: Bathurst CJ at [1]
McCallum J at [2]
N Adams J at [3]Decision: (1) Grant leave to appeal against sentence.
(2) Dismiss the appeal.Catchwords: CRIMINAL LAW – application for leave to appeal against sentence – where applicant sentenced on the basis of brief agreed facts – whether sentencing judge erred in failing to make any finding about the extent of applicant’s involvement in supply of prohibited drugs – whether sentencing judge erred in failing to have regard to where quantity of drug fell in possible range – whether sentence manifestly excessive Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 11, s 21A, 33
Drug Misuse and Trafficking Act 1985 (NSW), s 25Cases Cited: Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146; [2002] NSWCCA 518
B v R [2015] NSWCCA 314
DPP (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
El-Ahmad v R [2015] NSWCCA 65
Hill v R [2012] NSWCCA 265
Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45
Kemp v R [2014] NSWCCA 153
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25
Olbrich v R (1999) 199 CLR 270; [1999] HCA 54
Riggio v R [2015] NSWCCA 223
R v Dinsdale (2000) 202 CLR 321; [2000] HCA 54
R v Engert (1996) 84 A Crim R 67
R v MacDonnell (2002) 128 A Crim R 44; [2002] NSWCCA 34
Smith v R [2007] NSWCCA 138Category: Principal judgment Parties: Jancen Kurniawan (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
Mr C Parkin (Applicant)
Ms N Williams (Respondent)
Murphy’s Lawyers (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2014/73316; 2015/140134 Decision under appeal
- Court or tribunal:
- District Court of New South Wales
- Jurisdiction:
- Criminal
- Date of Decision:
- 18 November 2015
- Before:
- Hoy SC DCJ
- File Number(s):
- 2014/73316; 2015/140134
Judgment
-
BATHURST CJ: I have had the advantage of reading the judgment of N Adams J in draft. I agree with the orders proposed by her Honour and with her Honour’s reasons.
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McCALLUM J: I agree with N Adams J.
-
N ADAMS J: The applicant Jancen Kurniawan seeks leave to appeal against the sentence imposed upon him by Hoy SC DCJ at the District Court at Sydney on 18 November 2015 for an offence of supplying the commercial quantity of a prohibited drug. The applicant had pleaded guilty to three offences as follows:
Supply a prohibited drug (9.75 grams of methylamphetamine) contrary to s 25(1) of the Drug Misuse and Trafficking Act 1985 (NSW) (“DMTA”) (which carries a maximum penalty of imprisonment for 15 years and/or 2,000 penalty units) (Count 1);
Supply the commercial quantity of a prohibited drug (373.5 grams of methylamphetamine) contrary to s 25(2) of the DMTA (which…
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- AGLC
- Kurniawan v The Queen [2017] NSWCCA 171
- Case
- [2017] NSWCCA 171
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the sentencing judge erred in failing to make explicit findings about the extent of Kurniawan's involvement in the drug supply and the quantity of the drugs, and if this omission resulted in a manifestly excessive sentence. The court examined whether the sentencing judge appropriately considered the relevant sentencing principles and the range of potential sentences for the offence. Kurniawan argued that the lack of specific findings meant the sentence imposed was not properly tailored to his individual circumstances, thus rendering it excessive.
The court held that the sentencing judge did not err in failing to make specific findings about Kurniawan's involvement and the quantity of drugs, as the agreed facts provided a sufficient basis for the sentence imposed. The court found that the sentencing judge did consider the range of possible sentences and that the sentence was not manifestly excessive. The court concluded that the sentencing judge was not required to make specific findings on these points, given the agreed facts and the overall sentencing process. The appeal was dismissed, and the sentence remained as imposed by the sentencing judge.
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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