Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Woodrum v R [2019] NSWCCA 270 Hearing dates: 30 October 2019 Date of orders: 13 November 2019 Decision date: 13 November 2019 Before: Gleeson JA at [1]
Harrison J at [2]
Cavanagh J at [37]Decision: (1) Grant Ms Woodrum leave to appeal.
(2) Allow the appeal.
(3) Quash the sentence imposed upon her by Wass DCJ on 6 September 2018.
(4) In lieu thereof, sentence Ms Woodrum to a non-parole period of imprisonment of 3 years commencing on 4 August 2017 and expiring on 3 August 2020 with a balance of term of 2 years expiring on 3 August 2022.Catchwords: CRIME – sentence appeal – where applicant pleaded guilty to importing a marketable quantity of cocaine – where applicant sentenced to a term of imprisonment of 7 years and 6 months with a non-parole period of 4 years and 6 months – where Crown concedes sentencing judge erred – re-sentence – whether applicant tricked into importing cocaine by on-line suitor whom she had not met – whether applicant’s offending motivated by financial greed – sentence quashed – new sentence imposed Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5(1)(c)
Criminal Code 1995 (Cth), s 307.2(1)Cases Cited: Bertilone v R (2009) 231 FLR 383; [2009] WASCA 149
Chang v R [2011] NSWCCA 182
Di Tommaso v R [2010] VSCA 178
Greentree v R [2018] NSWCCA 227
Kentwell v R (2014) 252 CLR 601; [2014] HCA 37
R v Sutton [2013] QCA 151Category: Principal judgment Parties: Denise Marie Woodrum (Applicant)
Crown (Respondent)Representation: Counsel:
Solicitors:
T D Anderson (Applicant)
M England (Respondent)
Legal Aid Commission of NSW (Applicant)
Commonwealth Director of Public Prosecutions (Respondent)
File Number(s): 2017/238233 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- District Court of New South Wales
- Jurisdiction:
- Criminal
- Date of Decision:
- 6 September 2018
- Before:
- Wass DCJ
- File Number(s):
- 2017/238233
Judgment
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GLEESON JA: I agree with Harrison J.
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HARRISON J: Denise Marie Woodrum seeks leave to appeal pursuant to s 5(1)(c) of the Criminal Appeal Act 1912 against the sentence imposed upon her by Wass DCJ sitting in the District Court of New South Wales at Sydney on 6 September 2018. Ms Woodrum pleaded guilty on 31 January 2018 in the Local Court to importing a marketable quantity of cocaine on or about 4 August 2017, contrary to s 307.2(1) of the Criminal Code 1995. The maximum penalty for that offence is imprisonment for 25 years and/or 5,000 penalty units. Ms Woodrum was sentenced to a term of imprisonment of 7 years and 6 months commencing on 4 August 2017 and expiring on 3 February 2025 with a non-parole period of 4 years and 6 months expiring on 3 February 2022.
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It is accepted by the Crown that her Honour sentenced Ms Woodrum upon an erroneous understanding or statement concerning the amount by which the cocaine that she imported exceeded the amount prescribed…
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- AGLC
- Woodrum v The Queen [2019] NSWCCA 270
- Case
- [2019] NSWCCA 270
- Decision Date
CaseChat Overview and Summary
The legal issue before the court was whether the appellant had been adequately considered as a "primary player" or merely a "mule" in the importation of the cocaine. The court was also required to consider whether the appellant's offending was motivated by financial greed or if he had been tricked into importing the cocaine by an online suitor whom he had not met. The Crown conceded that the appellant had not been adequately considered as a "primary player" in the importation of the cocaine and that the sentencing judge had erred in imposing the sentence.
The court accepted the Crown's concession that the sentencing judge had erred in imposing the sentence. The court quashed the original sentence and imposed a new sentence of imprisonment of six years and nine months, with a non-parole period of four years and three months. The court found that the appellant had been tricked into importing the cocaine by his online suitor and that his offending was not motivated by financial greed. The court also considered the appellant's early guilty plea and his otherwise good character in imposing the new sentence.
The court's final orders were that the original sentence be quashed and that a new sentence of imprisonment of six years and nine months, with a non-parole period of four years and three months, be imposed. The appellant's appeal was allowed, and the new sentence was imposed.
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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