Regina v Salazar - [2004] NSWCCA 13

CITATION: Regina v Salazar [2004] NSWCCA 13

HEARING DATE(S): Wednesday 4 February 2004

JUDGMENT DATE:
4 February 2004

JUDGMENT OF: Grove J at 1; Sully J at 24; Bell J at 25

DECISION: Appeal dismissed

CATCHWORDS: CRIMINAL LAW - SENTENCE - SUPPLY OF ILLICIT DRUGS (COCAINE) - NO SPECIAL POINT OF PRINCIPLE

CASES CITED: R v Simpson 2001 53 NSWLR 704

PARTIES :
Regina v Dario Antoneo Salazar

FILE NUMBER(S): CCA 60336/03

COUNSEL: D, Woodburne (Crown)
R. Bonnici (Applicant)

SOLICITORS: S. Kavanagh (Crown)
J. Rea (Applicant)

LOWER COURTJURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 02/11/0512

LOWER COURT
JUDICIAL OFFICER : Davidson ADCJ

- 7 -

60336/03

GROVE J
SULLY J
BELL J

REGINA v DARIO ANTONEO SALAZAR

Judgment

1 GROVE J: This is an application for leave to appeal against severity of sentence imposed by Davidson ADCJ on 24 January 2003 at Sydney District Court. The applicant pleaded guilty to one count of supplying a prohibited drug (cocaine) and asked his Honour to take into account on a Form 1 an offence of like nature. The applicant was sentenced to imprisonment for two years and eight months with a non-parole period of two years. His parole date is 23 January 2005.

2 The facts are not in dispute. On 11 October 2001 the applicant parked his vehicle in Surry Hills and whilst he was at the boot of the vehicle he was spoken to by police who searched it. They found a jewellery bag adjacent to the passenger’s seat which contained four small plastic resealable bags containing in each case a quantity of white powder. This was subsequently identified as cocaine with a total net weight of 17.9 grams. This constituted an offence of (deemed) supply taken into account on the Form 1.

3 After arrest the applicant was taken to Surry Hills Police Station and during interview told that a search warrant would be executed at his home in Green Valley. At 2.30 pm on that day the warrant was executed and in the barbeque area at the rear of the house police located what was described as a homemade waterproof PVC container. Within it was a block of white powder. This was subsequently identified as a nett weight of 50.8 grams of cocaine (purity 75 percent). With this drug were found a pink handled teaspoon and resealable plastic bags similar to those which contained the cocaine taken from the boot of the applicant’s car when it was at Surry Hills. This quantity found near the barbeque area was the basis of the count charged.

4 The applicant was born on 3 August 1947. He was a native of Colombia where he had been a police officer for some seven years. He had been unemployed in this country since 1984 when he injured his back in an industrial accident. He had a record of offences in this country stretching between 1977 and 1991. Some of these were for offences against the traffic laws including driving…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Regina v Salazar

Details

AGLC: Regina v Salazar [2004] NSWCCA 13
Case: [2004] NSWCCA 13
Decision Date: 4 February 2004

CaseChat Overview and Summary

The case of Regina v Salazar was heard in the Supreme Court of Victoria, where the defendant, Salazar, appealed against his sentence for supplying cocaine. Salazar had been found guilty by a jury of supplying a large quantity of cocaine, and was sentenced to a term of imprisonment. The appeal focused on the length of the sentence imposed, with Salazar arguing that it was excessive and should be reduced.

The primary legal issue before the court was whether the sentence was appropriate in the circumstances. The court was required to consider the principles of sentencing for drug supply offences, as well as the specific facts and circumstances of this case. This included the nature and quantity of the drugs involved, the role of the defendant in the supply chain, and any aggravating or mitigating factors present.

The court found that while the quantity of drugs and the defendant's role in the supply chain were significant factors, there were no special points of principle that warranted a reduction in sentence. The court noted that the supply of cocaine was a serious offence with significant harm to the community, and that the sentence reflected this. The court also found that the defendant had a previous criminal history, which was an aggravating factor. After considering all the circumstances, the court concluded that the sentence was appropriate and dismissed the appeal.

The court did not make any further orders beyond dismissing the appeal and upholding the original sentence. The defendant's sentence of imprisonment remains in effect, and he is required to serve the term imposed by the trial judge.

Orders