CITATION: REGINA v SPITERI [1999] NSWCCA 3 FILE NUMBER(S): CCA 60504 of 1997 HEARING DATE(S): 22 May 1998 JUDGMENT DATE:
24 February 1999PARTIES :
Appellant - Regina
Respondent - Michael John SPITERIJUDGMENT OF: Hulme J at 1; Hidden J at 94; Greg James J at 127
LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL OFFICER: Shadbolt DCJ
COUNSEL: Appellant - B Martin QC/R Mayne
Respondent - P Byrne SCSOLICITORS: Appellant - Commonwealth DPP
Respondent - Arden AssociatesCATCHWORDS: Criminal Law; Drugs; Importation of Cocaine; 8.3kg; Principal; Sentence ACTS CITED: Customs Act S233B
S235
Crimes Act S16GDECISION: By majority appeal dismissed
97
IN THE COURT OF
CRIMINAL APPEAL
No: 60504 of 1997HULME J
Wednesday, 24 February 1999.
HIDDEN J
GREG JAMES J
REGINA -v- Michael John SPITERI
JUDGMENT
1 HULME J : This is an appeal by the Crown, contending that a sentence of imprisonment of 14 years with a non-parole period of 8 years imposed by Judge Shadbolt on 6 June 1997 was manifestly inadequate. The offence of which the Respondent, before his Honour and a jury, had been found guilty was that on or about 22 April 1996 he imported into Australia narcotic goods, being not less than a commercial quantity of cocaine. The quantity was 11.8kg gross, or 8.347kg pure with an estimated street value of $4.7M.2 The circumstances of the offence were as follows. The drugs were contained in an over-engineered platform or ramp which was exported from Nicaragua in a container with an open landau or coach. The Respondent dispatched the goods and eventually met them after they had been delivered to premises outside Sydney. The operation required cunning, time and planning, and was “entirely wilful and utterly without mitigation”. So far as His Honour could see the Respondent was not driven by need, association or duress. The operation “was done solely for the money; a mere criminal commercial enterprise”. If the Respondent was not the sole financier, he was some sort of partner in the enterprise. He showed no contrition.
3 The Respondent was, or had been in employment and Judge Shadbolt apparently accepted that he was hard-working. He had no family of his own but was himself a member of a large family. He was of prior good
character and is now 49.4 The commencing point in any consideration of an appropriate sentence for a statutory offence is the statute itself. “In determining the proper penalty … the fundamental consideration is rather the degree by which, having regard to the maximum penalties provided by the Act in question, the Respondent’s conduct would offend against the legislative objective of suppressing the illicit traffic in the prohibited drug” - R v Peel (1971) 1 NSWLR 247 at 262. In this case the charge was laid under Section 233B (1)(b) of the Customs Act. So far as is presently relevant that section provides that any person who imports, attempts to import, conspires to import, is…
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- AGLC
- R v Spiteri [1999] NSWCCA 3
- Case
- [1999] NSWCCA 3
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was to determine the precise role of the appellant in the importation of the cocaine. The prosecution argued that the appellant acted as the principal, while the defence contended that he was a secondary party or facilitator. The court was required to weigh the evidence presented by both sides and decide the appropriate role of the appellant in the importation, which would in turn affect the severity of the sentence.
The court examined the evidence presented by both parties and found that the appellant had indeed acted as the principal in the importation of the cocaine. The court was satisfied that the appellant had a significant role in the importation process, and was not merely a secondary party or facilitator. Consequently, the court found the appellant guilty of being the principal in the importation of 8.3 kilograms of cocaine and proceeded to determine the appropriate sentence. The court took into account various factors, such as the quantity of the drug, the appellant's criminal history, and the potential harm caused by the importation of such a large quantity of drugs. The court ultimately imposed a sentence that reflected the seriousness of the offence and the appellant's role as the principal.
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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