Reported Decision:
(2002) 128 A Crim R 543
New South Wales
Court of Criminal Appeal
CITATION: Regina v Cordero-Vidal [2002] NSWCCA 36 revised - 27/11/2002 FILE NUMBER(S): CCA 60736/00 HEARING DATE(S): 22/2/02 JUDGMENT DATE:
10 April 2002PARTIES :
Regina (Respondent)
Juan Cordero-Vidal (Appellant)JUDGMENT OF: Meagher JA at 1; Wood CJ at CL at 2; Bell J at 3
LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S) : 00/11/0018 LOWER COURT JUDICIAL
OFFICER :Stewart ADCJ
COUNSEL : R Maidment SC (Regina)
P Hamill (Appellant)SOLICITORS: Commonwealth DPP
TA Murphy (Appellant)LEGISLATION CITED: Crimes (Administration of Sentences) Act 1999
Customs Act 1901 (Cth)
Evidence Act 1995CASES CITED: Cleland v the Queen (1982) 151 CLR 1
Gallagher v The Queen (1986) 160 CLR 392
Mickelberg v The Queen (1989) 167 CLR 259
Postiglioni v The Queen (1997) 189 CLR 295
Ratten v The Queen (1974) 131 CLR 510
R v Abusfiah (1991) 24 NSWLR 531
R v Esposito (1998) 45 NSWLR 442
R v Glusheski (1986) 33 A Crim R 193
R v Haeney (unreported, Supreme Court NSW, 13 June 1978)
R v McCarthy & Ryan (1993) 71 A Crim R 395
R v Moussa [2001] NSWCCA 427
R v Roberts [2001] NSWCCA 163
R v Salgado-Silva [2001] NSWCCA 423
R v Stackelroth (unreported) NSWCCA, 3 April 1996
Regina v Donnelly [2001] NSWCCA 394
Regina v Thomson and Houlton [2000] NSWCCA 309; 49 NSWLR 383
Regina v Wong [1999] NSWCCA 420; 48 NSWLR 340
Wong v The Queen [2001] HCA 64; 185 ALR 233DECISION: Appeal against conviction dismissed. Appeal against severity of sentence see paragraph 91
60736/00
MEAGHER JA
WOOD CJ at CL
BELL J
10 April, 2002
REGINA v Juan CORDERO-VIDAL
Judgment
1 MEAGHER JA: I agree with Bell J.
2 WOOD CJ at CL: I agree with Bell J.
3 BELL J: On 22 August 2000 the appellant was arraigned in the Sydney District Court on an indictment charging him that on 3 November 1999 at Sydney he imported into Australia prohibited imports (cocaine) in an amount not less than the commercial quantity. The offence is created by s 233B(1)(b) of the Customs Act 1901 (Cth). It carries a maximum penalty of life imprisonment. The appellant entered a plea of not guilty and stood his trial before acting Judge Stewart and a jury. On 5 September 2000 the jury returned a verdict of guilty.
4 On 3 November 2000 the appellant was sentenced to a term of sixteen years imprisonment to date from 3 November 1999. A non-parole period of eleven years was specified.
5 By notice of appeal dated 6 November 2000 the appellant appeals against his conviction and seeks leave to appeal against the severity of the sentence imposed on him.
6 The facts relied on in support of the Crown case may be conveniently summarised by reference to the outline contained in the respondent’s written submissions:
- “On 26 September 1999 the appellant and his co-offender…
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- Regina v Cordero-Vidal [2002] NSWCCA 36
- Case
- [2002] NSWCCA 36
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