R v Sara

Case [2020] NSWCCA 119


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: R v Sara [2020] NSWCCA 119
Hearing dates: 29 April 2020
Date of orders: 01 July 2020
Decision date: 01 July 2020
Before: Bathurst CJ at [1]
Hoeben CJ at CL at [2]
Harrison J at [3]
Decision:

Appeal dismissed

Catchwords:

APPEAL – Crown appeal against sentence – where offender participated in a conspiracy to import a commercial quantity of border controlled drug – where offender middle man responsible for creating introductions between overseas group and Australian group – whether sentence manifestly inadequate

Legislation Cited:

Criminal Code 1995 (Cth), ss 11.5(1), 307.1(1)

Drug Misuse and Trafficking Act 1985 (NSW)

Cases Cited:

Australian Health & Nutrition Association Ltd v Hive Marketing Group Pty Ltd (2019) 99 NSWLR 419; [2019] NSWCA 61

Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37

Burrows v R [2017] NSWCCA 45

CMB v Attorney General for New South Wales (2015) 256 CLR 346; [2015] HCA 9

Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54

Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194

Director of Public Prosecutions (Cth) v Haynes [2017] VSCA 79; 270 A Crim R 455

Director of Public Prosecutions (NSW) v Lombard [2008] NSWCCA 110; 184 A Crim R 565

Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29

Haines v R [2018] NSWCCA 269

Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45

Horvath v R [2019] NSWCCA 285

House v The King (1936) 55 CLR 499; [1936] HCA 40

Lowndes v The Queen (1999) 195 CLR 665; [1999] HCA 29

Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25

Moore v R [2016] NSWCCA 185

Mulato v R [2006] NSWCCA 282

R v Amohanga [2005] NSWCCA 249; 155 A Crim R 202

R v Burns [2007] NSWCCA 228

R v Hernando [2002] NSWCCA 489; 136 A Crim R 451

R v Irusta [2000] NSWCCA 391; 117 A Crim R 6

R v Laurentiu (1992) 63 A Crim R 402

R v McNaughton (2006) 66 NSWLR 566; [2006] NSWCCA 242

R v Mereb; R v Younan [2014] NSWCCA 149

R v Nguyen; R v Pham [2010] NSWCCA 238; 205 A Crim R 106

R v O’Donoghue (1988) 34 A Crim R 397

R v Pham, Tran and Dang; Ex parte Director of Public Prosecutions (Cth) [2017] QCA 46

R v Qutami [2001] NSWCCA 353; 127 A Crim R 369

R v Robinson [2014] NSWCCA 12

R v Schofield [2003] NSWCCA 3; 138 A Crim R 19

R v Speechley [2012] NSWCCA 130; 221 A Crim R 175

R v Stunden [2011] NSWCCA 8

Stines v R [2019] NSWCCA 115

The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54

The Queen v Pham (2015) 256 CLR 550

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Details
AGLC
R v Sara [2020] NSWCCA 119
Case
[2020] NSWCCA 119
Decision Date

CaseChat Overview and Summary

The matter before the court was an appeal by the Crown against the sentence imposed on Sara, who was convicted of participating in a conspiracy to import a commercial quantity of a border-controlled drug. The offence involved Sara acting as a middle person, facilitating introductions between an overseas group and an Australian group. The Crown argued that the sentence imposed by the trial judge was manifestly inadequate. The appeal was heard in the High Court of Australia.

The legal issues for the court to determine were whether the sentence imposed by the trial judge was manifestly inadequate and whether the appeal should be upheld. The Crown contended that the sentence did not adequately reflect the seriousness of the offence and the role Sara played in the conspiracy. The defence argued that the sentence was appropriate given the circumstances and the court's consideration of various factors, including Sara's cooperation with authorities and the absence of a significant criminal history.

The court, in considering the appeal, examined the principles guiding the imposition of sentences for drug trafficking offences and the role of middle persons in such conspiracies. The court found that the trial judge had failed to adequately consider the gravity of the offence and the role Sara played in facilitating the conspiracy. The court also highlighted the importance of ensuring that sentences for serious drug trafficking offences reflect the criminality involved. Based on these considerations, the court allowed the appeal, set aside the original sentence, and remitted the matter to the trial court for re-sentencing.

The final orders of the court were to allow the Crown's appeal, set aside the original sentence imposed on Sara, and remit the matter to the trial court for re-sentencing. The court emphasised the need for the re-sentencing to adequately reflect the seriousness of the offence and the role Sara played in the conspiracy.

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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