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Court of Criminal Appeal 20 September 2001

R v Teuma

[2001] NSWCCA 369

Drugs
SENTENCING APPEAL AGAINST SEVERITY APPLICANT SAID TO BE A GO BETWEEN APPEAL DISMISSED.

Citation: R v Teuma [2001] NSWCCA 369
Court: NSW Court of Criminal Appeal
Date: 20 September 2001
Judge(s): Giles JA, Howie J, Carruthers AJ

Background

The applicant was arrested in March 2000 at a hotel car park in Baulkham Hills after police found approximately 10 kilograms of cannabis heads in the boot of his vehicle. He made full admissions in a police interview, stating he stood to earn $400 per bag for his role in distributing the cannabis. He declined to identify any other participants in the distribution network.

The applicant pleaded guilty to one count of deemed supply of a prohibited drug (cannabis leaf) under the Drug Misuse and Trafficking Act 1985, with two additional charges (possession of amphetamines and goods in custody relating to $3,250 in cash) taken into account on a Form 1. Judge Nield in the Parramatta District Court sentenced him to three years' imprisonment with a non-parole period of one year.

The applicant sought leave to appeal, contending that the head sentence was manifestly excessive. He argued his role was that of a mere go-between in a single episode of supply, and he sought to support this by reference to sentencing statistics from the Judicial Information Research System (JIRS).

  • Whether the sentence was manifestly excessive, having regard to the applicant's characterisation of himself as a go-between in a single episode of drug supply
  • Whether JIRS sentencing statistics demonstrated that the head sentence was at the upper end of the range and therefore excessive
  • Whether the sentencing judge was required to categorise the applicant's role specifically as a "single episode supply" before imposing sentence

Decision

The Court acknowledged the established line of authority that a single-episode supplier does not automatically fall within the principle that only exceptional cases can avoid full-time custody for substantial drug trafficking. The applicant's counsel conceded, however, that even a single occasion of supply can still warrant a full-time custodial sentence where the offender's detailed involvement mandates it. The applicant did not challenge the imposition of a custodial sentence itself, only its length.

On the JIRS statistics, the Court cautioned that considerable care must be taken when drawing conclusions from such data. The statistics lacked information about critical factors including the quantity of drug involved, whether the supply was actual or deemed, and whether the offending was financially motivated rather than addiction-driven. These limitations significantly reduced the weight the statistics could bear in the applicant's argument.

The Court applied the High Court's reasoning in The Queen v Olbrich (1999-2000) 199 CLR 270, which held that identifying the precise nature of an offender's role in a drug distribution scheme is not an essential task in every sentencing exercise. Carruthers AJ found that the sentencing judge was not required to determine whether the conduct fell within the "single episode supply" category, particularly where the applicant had withheld evidence about the full extent of the criminal enterprise.

Balancing the objective seriousness of the offending against the applicant's subjective circumstances, and taking into account the Form 1 matters, the Court found no error in the sentencing judge's approach. Leave to appeal was granted but the appeal was dismissed.

Orders Made

  • Leave to appeal granted
  • Appeal dismissed

Key Takeaways

  • Categorising an offender's role as a "single episode supply" is not an essential step in every drug supply sentencing exercise, particularly where the offender has withheld material information about the broader criminal enterprise.
  • JIRS sentencing statistics carry limited weight as a comparator tool where they do not account for key variables such as drug quantity, the type of supply charged, and the offender's financial motivation.
  • A go-between characterisation does not, of itself, establish that a sentence is manifestly excessive; the overall objective and subjective circumstances must be weighed.
  • In dismissing the appeal, the Court of Criminal Appeal confirmed that a sentencing judge may proceed by applying general sentencing principles to the known objective facts, rather than being required to fit an offender into a particular role-based category.
  • The High Court's approach in Olbrich, though decided in the context of importation, was applied by analogy to drug supply offences in NSW, reinforcing that role-labelling is a convenient shorthand rather than a mandatory analytical requirement.

Legislation and Cases Referenced

Legislation
- Drug Misuse and Trafficking Act 1985 (NSW), s 25(1), s 3
- Customs Act 1901 (Cth), s 233D

Cases
- The Queen v Olbrich (1999-2000) 199 CLR 270
- R v Clark (Unreported, NSWCCA, 15 March 1990)
- R v Ozer (Unreported, NSWCCA, 9 November 1993)
- R v Bardo (Unreported, NSWCCA, 14 July 1992)