Reported Decision:
109 A Crim R 355
New South Wales
Court of Criminal Appeal
CITATION: R v Bimahendali [1999] NSWCCA 409 FILE NUMBER(S): CCA 60236/99 HEARING DATE(S): 3 December 1999 JUDGMENT DATE:
15 December 1999PARTIES :
The Crown
Eli BimahendaliJUDGMENT OF: Wood CJ at CL at 1; Sully J at 35; Simpson J at 36
LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL OFFICER: Kirkham DCJ
COUNSEL: Crown: W G Roser
Applicant R BurgessSOLICITORS: S.E. O'Connor
T.A. MurphyCATCHWORDS: DECISION: Leave to appeal granted. Appeal dismissed
IN THE COURT OF
No. 60236/99
CRIMINAL APPEALWOOD CJ at CL
WEDNESDAY 15 DECEMBER 1999
SULLY J
SIMPSON J
1 WOOD CJ at CL: On 11th December 1998, the applicant pleaded guilty to one count of being knowingly concerned in the importation of a prohibited import, namely 80.1 grams of methylamphetamine contrary to s233B(1)(d) of the Customs Act 1901. On 7 May 1999, he was sentenced by Kirkham DCJ to imprisonment for six years with a non parole period of four years. 2 The maximum penalty for this offence is a fine not exceeding $100,000 or imprisonment for twenty-five years or both. The trafficable quantify for methylamphetamine is 2 grams. There is no commercial quantity specified for this substance. The maximum street value of the methylamphetamine imported on this occasion was said to be between $150,000 and $500,000, a somewhat curious figure when compared with the values attributed to the same substance in the other cases cited on appeal, but one which was apparently accepted in the sentencing proceedings. 3 The facts are as set out in the judgment (pp 1-7). Stripped of some matters of peripheral relevance, they disclose that:Regina v Eli BIMAHENDALI
JUDGMENT
The applicant is an Indonesian National who entered Australia on 12 February 1996 on a flight from Indonesia.Upon his arrival in Sydney he resided as a guest at the home of an Indonesian acquaintance named Tobugus Andereas Shaldon and his wife Lilly Wattie Swosantio at unit 5, 64 Beachamp Road, Hillsdale. The applicant and Mr. Shaldon had attended the same high school in Indonesia in about 1987. Some two weeks later the applicant procured a place of residence for himself at flat 5, 57 Church Street, Randwick.
On 14 March 1998 a female Indonesian National by the name of Christy De Gois, entered Australia via Sydney airport. From about 21 March 1998 the applicant moved to rental premises at unit 25, 300B Burns Bay Road, Lane Cove.
On 23 March 1998 a telephone service in the name of the applicant was connected to the Burns Bay Road apartment. Mr. Shaldon and Ms Swosantio visited the applicant at his Randwick address and subsequently at the address at Lane Cove on a number of occasions.
In about April 1998 Mr. Shaldon and Ms Swosantio attended a barbecue hosted by the applicant at Burns Bay Road. Ms Swosantio informed him that her cousin was involved in the importation of clothing…
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- AGLC
- R v Bimahendali [1999] NSWCCA 409
- Case
- [1999] NSWCCA 409
- Decision Date
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