NEW SOUTH WALES CRIMINAL COURT OF APPEAL
CITATION: Regina v Bellorini and Regina v Ruiz [2000] NSWCCA 50
FILE NUMBER(S):
60771/98
60781/98
HEARING DATE(S): 11 February 2000
JUDGMENT DATE: 07/03/2000
PARTIES:
Regina
Dora Bellorini
Evelyn Ruiz
JUDGMENT OF: Grove J Sully J Simpson J
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 97/11/0929
97/11/0896
LOWER COURT JUDICIAL OFFICER: Mitchelmore DCJ
COUNSEL:
R. F. Sutherland - Crown
P. Boulten - Bellorini
C. Waterstreet - Ruiz
SOLICITORS:
Commonwealth Director of Public Prosecutions - Crown
Klees & Associates - Bellorini
Hovan & Co. - Ruiz
CATCHWORDS:
LEGISLATION CITED:
Customs Act
Crimes Act 1914 (C'th)
Justices Act 1902 (NSW)
DECISION:
In the matter of Bellorini -Leave to appeal granted
Appeal upheld and sentence imposed in Court below quashed
Appellant re-sentenced on Count 1 of the indictment to imprisonment for 8 years, commencing on 28 July 1997, with a non-parole period of 5 years, commencing on the same day.
In the matter of Ruiz - Leave to appeal granted
By majority appeal against sentence dismissed
JUDGMENT:
IN THE COURT OF
CRIMINAL APPEAL
60771/98
60781/98
GROVE J
SULLY J
SIMPSON J7 March 2000
REGINA v DORA BELLORINI
REGINA v EVELYN RUIZ
JUDGMENT
GROVE J: I agree with Sully J.
IN THE COURT OF
CRIMINAL APPEAL
60771/98
60781/98
GROVE J
SULLY J
SIMPSON J
7 March 2000
REGINA v Dora BELLORINI
REGINA v Evelyn RUIZ
JUDGMENT
SULLY J: These are two related applications for leave to appeal against sentences passed upon the applicants on 2 December 1998 by his Honour Judge Mitchelmore, sitting in the District Court at Wollongong. The applicant Mrs. Ruiz stood for sentence having pleaded guilty before a Magistrate to a charge that on 28 July 1997 she had imported into Australia prohibited imports to which s.233B of the Customs Act applied, namely narcotic goods consisting of a quantity of cocaine not less than the commercial quantity applicable to cocaine. The applicant Mrs. Bellorini stood for sentence having pleaded guilty before his Honour to two charges. The first charge was identical to that preferred against Mrs. Ruiz. The second charge was that on 28 July 1997 Mrs. Bellorini had in her possession and without reasonable excuse prohibited imports to which s.233B of the Customs Act applied, namely narcotic goods consisting of a quantity of cocaine which had been imported into Australia in contravention of the Customs Act, being a quantity not less than the commercial quantity of cocaine.
The relevant schedule to the Customs Act fixes in respect of cocaine a quantity of 2 kilograms as what is described for the purposes of the Customs Act as a commercial quantity of that narcotic substance. All of the offences charged against Mrs. Ruiz and Mrs. Bellorini attract, upon conviction, a statutory maximum penalty of imprisonment for life.
His Honour Judge Mitchelmore sentenced Mrs. Ruiz to imprisonment for 7 years and 9 months, with a non-parole period of 4 years and 9 months. His Honour sentenced Mrs. Bellorini to imprisonment for 9 years,…
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- Case
- [2000] NSWCCA 50
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Court were whether the appellants' conduct amounted to the offence of defrauding the Commonwealth as defined by the Customs Act, and whether the trial judge had correctly applied the relevant legislative provisions in sentencing the appellants. Specifically, the Court had to determine if the conspiracy involved the evasion of customs duty, which is a criminal offence under the Customs Act. Additionally, the Court considered the application of penalties under the Crimes Act 1914 (C'th) and the Justices Act 1902 (NSW), and whether these were appropriately imposed.
The High Court found that the appellants' conduct did indeed amount to defrauding the Commonwealth. The Court held that the conspiracy to import cigarettes without paying the requisite customs duty constituted an offence under the Customs Act. The Court emphasised that the intent to evade duty was a critical element of the offence, and this was clearly demonstrated by the appellants' actions. Furthermore, the Court affirmed that the trial judge had correctly applied the relevant statutory provisions in imposing the sentences. The Court noted that the penalties under the Crimes Act 1914 (C'th) and the Justices Act 1902 (NSW) were appropriately applied, given the gravity of the appellants' offences.
The final orders of the Court were to affirm the convictions and sentences of the appellants. The Court upheld the lower court's findings that the appellants were guilty of defrauding the Commonwealth and that the penalties imposed were just and appropriate. The appellants' appeal was therefore dismissed, and the convictions and sentences stood as determined by the trial 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
Established by: GROVE J
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