Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: R (Cth) v Cooper [2020] NSWSC 515 Hearing dates: 01 May 2020 Date of orders: 08 May 2020 Decision date: 08 May 2020 Jurisdiction: Common Law Before: Wilson J Decision: The offender is sentenced to an aggregate term of imprisonment of 28 years with a non-parole period of 18 years, to date from 25 December 2016.
Catchwords: CRIME – SENTENCE AFTER TRIAL – conspiracy to import a commercial quantity of a border controlled drug – verdicts of guilty to two counts at trial – very high level offending – agreement to import substantial quantities of cocaine – sophisticated plan for importations by sea – offender Australian agent for international source of drugs – parity with other conspirators – role of general deterrence
Legislation Cited: Courts Suppression and Non-Publication Orders Act 2010 (NSW)
Crimes Act 1914 (Cth)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Criminal Code (Cth)
Proceeds of Crime Act 2002 (Cth).Cases Cited: Chen v R [2002] NSWCCA 174; (2002) 130 A Crim R 300
De la Espriella-Velasco v The Queen (2006) 31 WAR 291; [2006] WASCA 31
Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45
Melgar Sevilla v The Queen [2007] WASCA 116
R (Cth) v Li [2005] NSWCCA 154
R v Bartle [2003] NSWCCA 329; (2003) 181 FLR 1
R v Elfar & Golding [2017] QCA 170
R v Ismunandar; R v Siregar [2002] NSWCCA 477; (2002) 136 A Crim R 206
R v Nguyen; R v Pham [2010] NSWCCA 238; (2010) 205 A Crim R 106
R v [Person A], [Person C] & Tobin [2018] NSWSC 1953
R v Reaves [2004] WASCA 106; (2004) 147 A Crim R 26
R v Suarez-Mejia [2002] WASCA 187; (2002) 131 A Crim R 577
R v Tait and Bartley (1979) 46 FLR 386
Sukkar v The Queen (No 2) (2008) 178 A Crim R 433; [2008] WASCA 2
Teng v The Queen (2009) 22 VR 706; [2009] VSCA 148
The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54
Category: Principal judgment Parties: Regina (Crown)
Jonathon Cooper (Accused)Representation: Counsel:
Solicitors:
H Barclay QC/Mr S Howell (Crown)
D Randle (Accused)
Solicitor for Public Prosecutions (Cth) (Crown)
Anderson Boemi Lawyers (Accused)
File Number(s): 2016/387430 Publication restriction: Judgment previously restricted pending finalisation of all co-accused trials and related appeals. Anonymised and/or redacted to excise any matters the subject of a non-publication order pursuant to s 7 of the Courts Suppression and Non-Publication Orders Act 2010 (NSW).
Judgment
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HER HONOUR: On 5 August 2019 Jonathon Cooper (“the offender”) was arraigned before a jury panel upon an indictment containing three counts. After a trial lasting until 18 September 2019, he was found guilty by the jury of counts one and…
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- AGLC
- R (Cth) v Cooper [2020] NSWSC 515
- Case
- [2020] NSWSC 515
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the sentence imposed was manifestly excessive in light of the principles of general deterrence, specific deterrence, and denunciation. The respondent argued that the sentence was disproportionate to the offending, considering his role as an agent and the absence of a physical presence in the importations. The respondent also contended that the sentence did not reflect the mitigating factors, such as his lack of a criminal record and the absence of personal gain.
The court held that the sentence was not manifestly excessive. The majority opinion recognised the gravity of the offences, given the substantial quantities of drugs involved and the sophisticated nature of the conspiracy. The court emphasised the importance of general deterrence in drug importation cases, noting that the sentence needed to reflect the seriousness of such offences. The court also considered the respondent's role as a key player in the importation plan, which warranted a significant custodial sentence. The majority concluded that the sentence, while severe, was proportionate to the respondent's culpability and the need for deterrence.
No further orders were made by the court. The sentence imposed by the primary judge was upheld as appropriate given the circumstances of the case.
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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