Sukkar v The Queen (No. 2)

Case [2008] WASCA 2


DAVID SUKKAR -v- THE QUEEN [No 2] [2008] WASCA 2



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2008] WASCA 2
THE COURT OF APPEAL (WA)
Case No:CACR:25/200716 NOVEMBER 2007
Coram:STEYTLER P
McLURE JA
BUSS JA
10/01/08
23Judgment Part:1 of 1
Result: Application to review dismissed
D
PDF Version
Parties:DAVID SUKKAR
THE QUEEN

Catchwords:

Criminal law
Review of single judge's refusal to grant leave to appeal against sentence
Possession of prohibited import
Equivalent of 77 kg of pure cocaine
Appellant was instrumental to importation but not primary organiser
Need to consider each case individually
Sentencing factors include nature of drug, weight of drug and principles of deterrence
Matters personal to the appellant are of limited weight but not entirely irrelevant
Appellant showed little remorse and entered late plea of guilty
21 years' imprisonment with non­parole period of 13 years
Grounds of appeal have no reasonable prospect of success

Legislation:

Crimes Act 1914 (Cth), s 16A(1), s 16A(2), s 16G, s 19AB
Customs Act 1901 (Cth), s 233B(1)(b) (repealed), s 233B(1)(c) (repealed), s 235(2)(c) (repealed)

Case References:

Bellissimo (1996) 84 A Crim R 465
Chan (1989) 38 A Crim R 337
Cheung (1997) 97 A Crim R 283
de la Espriella-Velasco v The Queen [2006] WASCA 31; (2006) 31 WAR 291
Dinsdale v The Queen [2000] HCA 54; (2000) 202 CLR 321
Kaye v The Queen [2004] WASCA 227
Keating v The State of Western Australia [2007] WASCA 98
Lawless v Turner [2007] WASCA 127
Lowndes v The Queen [1999] HCA 29; (1999) 195 CLR 665
Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357
R v Heeng Ung [2000] NSWCCA 195
R v Lam [2005] VSC 98
R v Lee [2007] NSWCCA 234
R v Mo [2007] NSWCCA 61; (2007) 169 A Crim R 60
R v Nguyen [2005] NSWCCA 362; (2005) 157 A Crim R 80
R v Olbrich [1999] HCA 54; (1999) 199 CLR 270
R v Reaves [2004] WASCA 106; (2004) 147 A Crim R 26
R v Suarez-Mejia [2002] WASCA 187; (2002) 131 A Crim R 577
R v Teng [2005] VSC 33
R v To Si Thanh [2007] NSWCCA 200
R v Vo [2000] NSWCCA 440; (2000) 118 A Crim R 320
Samuels v Western Australia [2005] WASCA 193; (2005) 30 WAR 473
Sinclair (1990) 51 A Crim R 418
Tulloh v The Queen [2004] WASCA 169; (2004) 147 A Crim R 107
Vagh v The State of Western Australia [2007] WASCA 17
Wong v The Queen [2001] HCA 64; (2001) 207 CLR 584


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : DAVID SUKKAR -v- THE QUEEN [No 2] [2008] WASCA 2 CORAM : STEYTLER P
    McLURE JA
    BUSS JA
HEARD : 16 NOVEMBER 2007 DELIVERED : 11 JANUARY 2008 FILE NO/S : CACR 25 of 2007

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AGLC
Sukkar v The Queen (No. 2) [2008] WASCA 2
Case
[2008] WASCA 2
Decision Date

CaseChat Overview and Summary

In the case of Sukkar v The Queen, the appellant, Sukkar, sought a review of a single judge's refusal to grant leave to appeal against his sentence for possession of a significant quantity of cocaine, equivalent to 77 kilograms of pure cocaine. The appellant was involved in the importation of the drug but was not the primary organiser. The appeal was heard in the High Court of Australia, which was tasked with reviewing the refusal of the lower court to grant leave to appeal the sentence imposed on Sukkar.

The central legal issue before the High Court was whether the appellant's grounds for appeal had a reasonable prospect of success. The court had to consider various sentencing factors, including the nature and quantity of the drug, the role of the appellant in the importation, and the principles of deterrence and retribution. The court also needed to weigh the appellant's personal circumstances, such as his lack of remorse and late plea of guilty, against the broader objectives of sentencing. The High Court had to determine whether these factors, individually or collectively, provided a basis for the appeal to be considered meritorious.

The High Court found that the appellant's grounds for appeal did not have a reasonable prospect of success. The court acknowledged that while the appellant played a significant role in the importation, he was not the primary organiser, which was a relevant factor in the sentencing. The court also considered the substantial quantity of cocaine involved and the principles of deterrence and retribution. Although the appellant's personal circumstances were taken into account, they were deemed of limited weight in the overall sentencing framework. Consequently, the High Court dismissed the application to review the single judge's decision.

The final orders of the High Court were that the application to review the refusal to grant leave to appeal against the sentence was dismissed. The sentence of 21 years' imprisonment with a non-parole period of 13 years was upheld, reflecting the seriousness of the offence and the need to uphold the integrity of the criminal justice system.

Orders

Orders of the court

Application to review dismissed

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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