NEW SOUTH WALES COURT OF CRIMINAL APPEAL
CITATION: Robert Minniti v Regina [2006] NSWCCA 30
FILE NUMBER(S):
2005/155
HEARING DATE(S): 30 January 2006
DECISION DATE: 20/02/2006
PARTIES:
Robert Minniti
Regina
JUDGMENT OF: Sully J Hoeben J Latham J
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/11/0774
LOWER COURT JUDICIAL OFFICER: Dodd DCJ
COUNSEL:
K.A. Chapple SC - Crown
O.P. Holdenson QC - Appellant
SOLICITORS:
C'wealth DPP - Crown
Gregory J. Goold - Appellant
CATCHWORDS:
LEGISLATION CITED:
Customs Act 1901 (C'th)
Crimes Act 1914 (C'th)
DECISION:
Appeal against conviction dismissed
Leave to appeal against sentence granted
Appeal against sentence dismissed
JUDGMENT:
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IN THE COURT OF
CRIMINAL APPEAL
2005/155
SULLY J
HOEBEN J
LATHAM J20 February 2006
ROBERT MINNITI v REGINA
Judgment
SULLY J:
Introduction
Between 23 November 2004 and 2 December 2004 Mr. Minniti, the appellant, stood trial in the District Court at Sydney before his Honour Judge Dodd and a jury. The appellant was so tried upon an indictment which charged him with having attempted, on 2 November 2003 at Sydney, to commit an offence against section 233B(1) of the Customs Act 1901 (C’th) in that he had attempted to possess narcotic goods which had been imported into Australia in contravention of the Customs Act. The goods were described in the charge as having consisted of a quantity of 3.4 – methylenedioxymethamphetamine (“MDMA”); the particular quantity having been not less than the commercial quantity as defined by the Customs Act. An offence of the kind thus described attracts upon conviction a penalty of, relevantly, imprisonment for life.
On 2 December 2004 the jury found the appellant guilty as charged. On 17 March 2005 Judge Dodd formally convicted him and sentenced him to imprisonment for 12 years, fixing a non-parole period of 8 years.
The appellant now appeals against conviction and applies for leave to appeal against sentence.
The Competing Cases at Trial
These are summarised, helpfully and succinctly, and as follows, in the written submissions put in by learned Senior Counsel for the Crown:
“Brief statement of the Crown case
4.Briefly, the Crown case was that on 4 October 2003 a large piece of farm equipment was imported into Sydney from Belgium. Secreted within the machinery was a very large quantity (865 bags) of tablets that were discovered by Customs and the Australian Federal Police (“AFP”). On examination the tablets were found to contain 3-4 Methylenedioxymethamphetamine, also know as MDMA or ecstasy. On 9 October 2003 a Dutch national, Antonius Rutten came to Australia to supervise the distribution of the tablets. Later that month 2 Belgian nationals came to Australia, removed the tablets and provided them to Rutten.
5.Rutten took the tablets to a city apartment he had rented. Both Rutten and the Belgian nationals were arrested on 1 November 2003 by AFP Federal Agents. On the same date, 1 November 2003 Tibor Vermes borrowed a white VW Transporter (Victorian Registration no. OLE 957) from a friend who lived in Victoria.…
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- AGLC
- Minniti v The Queen [2006] NSWCCA 30
- Case
- [2006] NSWCCA 30
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the sentencing judge erred in not giving sufficient weight to Minniti's previous good character and whether the sentence was manifestly excessive. The court had to determine whether the appeal against conviction and sentence should be upheld and whether leave to appeal should be granted.
The High Court found that the appeal should be dismissed. The court held that once it was accepted that Minniti was rightly convicted, the only appropriate sentence was one of full-time custody, given the serious nature of the offence. The court found that the sentencing judge's findings of fact were properly open to him and that there was no basis to conclude that any of those findings were incorrect. The court also found that the appellant played a significant role in the drug trafficking operation, despite his claims to the contrary. Therefore, the appeal was dismissed, and leave to appeal against sentence was denied.
In conclusion, the High Court upheld the conviction and sentence imposed by the sentencing judge and rejected Minniti's grounds for appeal.
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
Ratio Decidendi
Legal Principle Established
Established by: SULLY J
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