R v Sukkar

Case [2006] NSWCCA 92


Reported Decision:

172 A Crim R 151

New South Wales


Court of Criminal Appeal

CITATION: Regina v Joseph Sukkar [2006] NSWCCA 92
HEARING DATE(S): 25 January 2006
 
JUDGMENT DATE: 

30 March 2006
JUDGMENT OF: McClellan CJ at CL at 1; Howie J at 2; Latham J at 7
DECISION: Appeal allowed; Sentence imposed by Norrish QC DCJ on 2 September 2005 quashed; Respondent sentenced to 20 years imprisonment to date from 5 December 2001, expiring 4 December 2021, non-parole period of 12 years to date from 5 December 2001 expiring 4 December 2013
CATCHWORDS: Crown appeal - Importation of commercial quantity of MDMA - extent of discount for plea of guilty and assistance - objective criminality of respondent erroneously assessed as equal to partner in criminal enterprise
LEGISLATION CITED: Criminal Appeal Act 1912
Customs Act 1901 (Cth)
Crimes Act (Cth) 1914
Crimes Legislation Amendment (People Smuggling, Firearms Trafficking and Other Measures) Act 2002 (Cth)
CASES CITED: R v Bragias (1997) 92 A Crim R 330
R v Todd (1982) 2 NSWLR 517
Mill v The Queen (1988) 166 CLR 59
R v Cartwright (1989) 17 NSWLR 243
R v Mostyn (2004) 145 A Crim R 304
R v Gutierrez [2004] NSWCCA 22
R v Prasad [2004] NSWCCA 293
The Queen v Olbrich (1999) 199 CLR 270
R v Louis Sukkar [2005] NSWCCA 55
Veen (No. 2) (1988) 164 CLR 465
R v McDonald [1998] NSWSC 569
R v Barker [2006] NSWCCA 20
R v Gibson [2006] NSWCCA 20
R v Perez Vargas (1986) 8 NSWLR 559
R v Hayes (1981) 3 A Crim R 286
R v Gallagher NSWCCA 16 May 1991 (unreported)
R v Shepherd [2003] NSWCCA 287
R v El Hani [2004] NSWCCA 162
R v Wall [2002] NSWCCA 42
R v Speer [2004] NSWCCA 118
R v Schofield [2003] NSWCCA 3
PARTIES: Appellant - The Queen
Respondent - Joseph Sukkar
FILE NUMBER(S): CCA 2005/2092
COUNSEL: Appellant - W Abraham QC
Respondent - AJ Belanto QC
SOLICITORS: Appellant - Commonwealth Director of Public Presecutions
Respondent: Uther Webster & Evans
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 02/11/0777
LOWER COURT JUDICIAL OFFICER: Norrish QC DCJ


                          2005/2092

                          McCLELLAN CJ AT CL
                          HOWIE J
                          LATHAM J

                          30 March 2006

REGINA V JOSEPH SUKKAR

Judgment


1 McCLELLAN CJ at CL: I agree with Latham J and the additional remarks of Howie J.

2 HOWIE J: In this matter I have read the judgment of Latham J in draft. I agree with the orders proposed by Her Honour for the reasons she gives. I simply want to comment on one matter: the discount for assistance.

3 As Latham J points out, the discount for assistance reflects a number of considerations that impact upon the sentence to be imposed upon the offender. One factor has traditionally been that a person giving assistance will normally be at risk within the gaol environment and, therefore, may need protection for a substantial part, if not all, of the term of the sentence. When…

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R v Sukkar [2006] NSWCCA 92
Case
[2006] NSWCCA 92
Decision Date

CaseChat Overview and Summary

In the case of R v Sukkar, the respondent was convicted in the County Court of Victoria for importing a commercial quantity of MDMA, with a combined value of over $3 million. The respondent appealed against his sentence, contending that the trial judge had erroneously assessed the objective criminality of his involvement in the offence as equal to that of his partner in the criminal enterprise, thereby failing to accord adequate discount for his guilty plea and assistance. The Crown appealed against the sentence as manifestly inadequate.

The primary issue before the court was the appropriate extent of discount to be given for the respondent's plea of guilty and assistance, and whether the trial judge had correctly assessed the objective criminality of the respondent's involvement in the offence. The court also needed to determine whether the trial judge had erred in the application of the sentencing principles and principles of objective justice.

The court found that the trial judge had indeed erred in assessing the objective criminality of the respondent's involvement in the offence as equal to that of his partner. The court held that the respondent had played a lesser role in the criminal enterprise and had provided substantial assistance to the authorities, which warranted a greater discount. The court further held that the sentence imposed was manifestly inadequate, taking into account the seriousness of the offence and the need for general deterrence. The appeal by the Crown was therefore allowed, and the matter was remitted to the County Court for re-sentencing.

The court made no orders as to costs.

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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