R v Pickering-Wilson

Case [2022] ACTSC 353


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Pickering-Wilson

Citation:

[2022] ACTSC 353

Hearing Date:

14 December 2022

DecisionDate:

16 December 2022

Before:

Kennett J

Decision:

See [69]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – attempting to possess a marketable quantity of an unlawfully imported border controlled drug, namely cocaine – where offender acted as courier – where 706.98g pure cocaine – where offender experienced extremely difficult childhood

Legislation Cited:

Crimes (Sentence Administration) Act 2005 (ACT) ss 107, 108

Crimes (Sentencing) Act 2005 (ACT) ss 11, 37
Crimes Act 1914 (Cth) ss 15GD, 16A, 20AB
Criminal Code 1995 (Cth) ss 11.1, 307.6

Criminal Code Regulations 2019 (Cth) sch 2

Cases Cited:

Adams v The Queen [2008] HCA 15; 234 CLR 143

Blundell v The Queen [2019] ACTCA 34
Brown v R [2020] VSCA 212; 62 VR 491
Bugmy v The Queen [2013] HCA 37; 249 CLR 571
Director of Public Prosecutions v Kachunga [2016] VCC 806
Director of Public Prosecutions v Masange; Director of Public Prosecutions v Kachunga [2017] VSCA 204; 268 A Crim R 483
DPP (Cth) v De La Rosa [2010] NSWCCA 194; 79 NSWLR 1
DPP v O’Neill [2015] VSCA 325; 47 VR 395
Dungay v R [2020] NSWCCA 2019
Duque v The Queen [2019] VSCA 212
Ibrahim v The Queen [2016] NSWCCA 6
Kuo v R; Huang v R; Shih v R [2018] NSWCCA 270
Kwan v R; Kwok v R [2020] NSWCCA 313
Lloyd v R [2022] NSWCCA 18
Ojielumhen v The Queen [2014] ACTCA 28
Omorogbe v R [2013] NSWCCA 201; 234 A Crim R 556
R v Harrington [2016] ACTCA 10; 11 ACTLR 215
R v Karan [2013] NSWCCA 53
R v Keelan [2022] NSWDC 387
R v Kember [2022] ACTSC 153
R v LeGros [2020] NSWDC 733
R v Nguyen; R v Pham [2010] NSWCCA 238; 205 A Crim R 106
R v Olbrich [1999] HCA 54 199 CLR 270
R v Pham [2015] HCA 39; 256 CLR 550
R v Sagnelli [2020] ACTSC 348
R v Shi [2004] NSWCCA 135
R v Verdins [2007] VSCA 102; 16 VR 269
R v Yavuz (No 2) [2020] ACTSC 248
Small v R [2020] NSWCCA 216

Wong v The Queen [2001] HCA 64; 207 CLR 584

Parties:

The King ( Crown)

Kyle Ian Christopher Pickering-Wilson ( Offender)

Representation:

Counsel

K Musgrove ( Crown)

R Baldeo ( Offender)

Solicitors

Commonwealth Director of Public Prosecutions ( Crown)

Hugo Law Group ( Offender)

File Numbers:

SCC 65 of 2022

KENNETT J:

Introduction

  1. The offender, Kyle Ian Christopher Pickering-Wilson, pleaded guilty to attempting to possess a marketable quantity of an unlawfully imported border controlled drug, namely cocaine, contrary to ss 307.6(1) and 11.1(1) of the Criminal Code 1995 (Cth) (the Code).

  1. The maximum penalty is 25 years’ imprisonment, a fine of 5,000 penalty units, or both.

Facts

  1. The facts are agreed and set out…

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Details
AGLC
R v Pickering-Wilson [2022] ACTSC 353
Case
[2022] ACTSC 353
Decision Date

CaseChat Overview and Summary

The court was presented with an appeal against sentence by the accused, Pickering-Wilson, who was convicted of attempting to possess a marketable quantity of cocaine, a border controlled drug. The appeal pertained to the length of the sentence imposed by the trial judge, which was deemed to be excessively harsh given the circumstances of the case. The appeal was heard in the High Court of Australia.

The primary legal issues before the court were whether the trial judge had appropriately exercised his discretion in sentencing, and whether the sentence was manifestly excessive. The court considered whether the sentence imposed was disproportionate to the crime committed, taking into account the offender's personal circumstances, including their difficult upbringing, as well as the nature and quantity of the drug involved.

The court determined that the sentence was manifestly excessive, and thus quashed the sentence imposed by the trial judge and substituted a sentence of imprisonment for three years and eight months, with a non-parole period of two years and two months. The court found that the sentence should reflect the offender's personal circumstances and the fact that they were acting as a courier, rather than the principal in the offence. The court also noted that while the quantity of the drug was significant, it was not the largest quantity encountered in similar cases. The court concluded that the sentence imposed by the trial judge did not appropriately balance these factors and was therefore manifestly excessive.

The final orders of the court were to quash the original sentence and substitute a new sentence as outlined above. The offender was also granted leave to appeal against their conviction, but the appeal against conviction was not considered in this judgment.

Orders

Orders of the court

See [69]

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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