Reported Decision: 111 A Crim R 374
New South Wales
Court of Criminal Appeal
CITATION: Regina v Kovacs [2000] NSWCCA 74 revised - 1/05/2000 FILE NUMBER(S): CCA 60738/98; 60817/98 HEARING DATE(S): 13 August 1999 JUDGMENT DATE:
31 March 2000PARTIES :
REGINA - Respondent/Appellant
Lajos KOVACS - Appellant/RespondentJUDGMENT OF: Beazley JA at 1; Simpson J at 2; McInerney AJ at 56
LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S) : 98/11/0354 LOWER COURT JUDICIAL
OFFICER :Herron DCJ
COUNSEL : Ms E L Fullerton SC - Appellant/Respondent
J V Agius SC - Crown Respondent/AppellantSOLICITORS: Peter Ash & Associates - Appellant/Respondent
Commonwealth Director of Public Prosecutions - Respondent/AppellantLEGISLATION CITED: Customs Act 1904 (Cth)
Proceeds of Crime Act 1987
Evidence Act 1995CASES CITED: R v Ireland (1970) 126 CLR 321
Bunning v Cross(1978) 141 CLR 54 pp 64-65
R v Ridgeway (1995) 184 CLR 19, p 32
R v Swaffield; Pavic v R (1998) 192 CLR 159, p176
R v Lansdell, unreported NSW CCA 22 May 1995
Weissensteiner v R (1993) 178 CLR 217
R v OGD (1997) 45 NSWLR 744
RPS v R [2000] HCA 3, unreported, 3 february 2000
Bataillard v The King [(1907) 4 CLR 1282 at 1291]
R v Wong and Leung [1999] NSW CCA 420DECISION: (i) Appeal against conviction dismissed; (ii) Crown appeal allowed, sentence imposed quashed; (iii) Appellant sentenced to imprisonment for fifteen years with a non parole period of ten years.
IN THE COURT OF
CRIMINAL APPEAL
60738/98
60817/98
BEAZLEY JA
SIMPSON J
McINERNEY AJ
Friday 31 March 2000
REGINA v Lajoz KOVACSJudgment1 BEAZLEY JA: I agree with Simpson J
SIMPSON J :
2 On 2 October 1998, following a jury trial in the District Court, the appellant was convicted on a charge that, in circumstances of aggravation, on 8 December 1997, without reasonable excuse he attempted to obtain possession of not less than the commercial quantity of a prohibited import (heroin), a charge brought under s 233B of the Customs Act 1904 (Cth). The aggravating circumstance was that he had previously (in 1993) been convicted on a charge of importing not less than the traffickable quantity of the same drug. The maximum sentence applicable to the offence is life imprisonment. Judge Herron sentenced the appellant to imprisonment for thirteen years commencing on 8 February 1998 and specified a non parole period of nine years.
3 The appellant appeals against the conviction. The Crown appeals against the sentence, asserting that it is manifestly inadequate.
4 The Crown case can be stated as follows. On Friday 5 December 1997 a Pakistani national, Naeem Raza Hashmi, arrived at Sydney Airport from Pakistan. Strapped to his body were several packages of heroin. The total gross weight of heroin was 2.5 kilograms. The total pure weight was 1.881 kilograms. The heroin was quickly discovered by Customs agents and Hashmi agreed to co-operate with Australian Federal Police in the pursuit of those to whom he was to…
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- AGLC
- Regina v Kovacs [2000] NSWCCA 74
- Case
- [2000] NSWCCA 74
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