Event and Time
Event Description
- The applicant attempted to import a commercial quantity of MDMA, breaching sections of the Criminal Code (Cth).
- The sentence for this offence was originally set by the District Court on 22 June 2020.
Application and Claims
- The applicant appealed against the sentence, particularly focusing on the ground derived from Totaan v R [2022] NSWCCA 75, arguing that the sentencing judge's consideration of family hardship was incorrect.
- The Crown conceded that there was a "Totaan error," meaning the original sentencing did not adequately consider family hardship in accordance with the legal standard.
Judicial Decisions
1. The court granted leave for the applicant to appeal out of time. 2. The appeal was allowed, resulting in the quashing of the previous sentence. 3. The applicant was resentenced to imprisonment for a non-parole period of 6 years and 11 months starting from 8 August 2017.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Argument:
- Argued that the sentencing judge failed to correctly acknowledge the hardship faced by his family, which should have been taken into account significantly under section 16A(2)(p) of the Crimes Act 1914 (Cth). - Pointed to the decisions in Totaan and past cases that suggest a more lenient approach regarding family hardship.
- Crown's Argument:
- Initially defended the sentencing decision, asserting the hardship was not exceptional. - Later conceded the error based on the ruling in Totaan, agreeing that family hardship should have been considered differently.