Site Logo

Calason v R [2023] NSWCCA 209

See full judgment: Austlii.

The offender was sentenced following a plea of guilty to 1 count of importing a marketable quantity of a border-controlled drug, contrary to ss 307.2(1) and 11.2A(1) of the Commonwealth Criminal Code. Offending related to 565.9 grams of pure cocaine. A further drug importation offence was taken into account under s 16BA. Original sentence imposed 6 years of imprisonment with a non-parole period of 4 years. Offender appealed on the ground that the sentencing judge erred in excluding their disadvantaged childhood as a consideration mitigating the sentence or justifying leniency.

Antecedents: No submission on behalf of offender was squarely made to the sentencing judge that they would make a finding that the offender’s moral culpability was reduced because of their childhood adversity; the focus of the submissions insofar as offender’s subjective case was concerned was as to the relevance of their anxiety and stress leading to cocaine addiction at the time of the offending such that the motive for the offending was more nuanced than simply being that of greed. To the extent that it is submitted that the sentencing judge should have made a finding that offender’s moral culpability was reduced even though such a submission was not squarely put to them, this is not a case where such a finding was so obvious that error is disclosed despite the submission not having been put. 

Leave to appeal granted. Appeal dismissed.

The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

© 2023 The National Judicial College of Australia (NJCA). Powered by

Privacy Policy|Terms and Conditions