R v Camus

[1999] NSWCCA 425

NSW Court of Criminal Appeal

Ratio Decidendi

In sentencing co-offenders, comparative justice requires that the relative sentences reflect the relative roles and culpability of each offender. A sentence that is inconsistent with the sentences imposed on co-offenders of lesser culpability may be shown to be inadequate.

Judges

Simpson J, Sully J

Quick Take

Middle-men and 'commission agents' in drug trafficking are not minor players and should not be sentenced as such; they are significant practical links in the trafficking chain. The statutory maximum penalty prescribed by Parliament for commercial quantity drug offences is a fixed reference point that sentencing courts must not depart from based on their own views about the relative seriousness of different drugs. An opportunistic guilty plea in the face of a strong Crown case warrants only a very modest sentencing discount.

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Linked Principles

Legal principles extracted from this case

01In sentencing co-offenders, comparative justice requires that the relative sentences reflect the relative roles and culpability of each offender. A sentence that is inconsistent with the sentences imposed on co-offenders of lesser culpability may be shown to be inadequate.
02
03
04

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Case Details

Citation[1999] NSWCCA 425

CourtNSWCCA

JurisdictionNsw

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Judgment

Judges

Simpson J · Sully J

Subsequent Judicial Consideration4›

Cases that have considered R v Camus

Referred to (4)

R v Leung [2002] NSWSC 858 R v MacGregor [2000] NSWCCA 552 R v Cas [2005] NSWCCA 192 R v Schofield [2003] NSWCCA 3

Judicial Consideration (Chronological)

R v Leung [2002] NSWSC 858Referred to

R v MacGregor [2000] NSWCCA 552Referred to

R v Cas [2005] NSWCCA 192Referred to

R v Schofield [2003] NSWCCA 3Referred to

An equitable charge over commingled trust funds may be enforced under the Vermilion Quay principle of equitable charge where the trustee has dealt with the funds in breach of fiduciary duty and a sufficient proportion of the original res remains identifiable in the resulting account

An equitable charge over commingled trust funds may be enforced under the Vermilion Quay principle of equitable charge where the trustee has dealt with the funds in breach of fiduciary duty and a sufficient proportion of the original res remains identifiable in the resulting account.

R v Camus at [30]

The principle of proportionality in sentencing requires that the sentence imposed bear a reasonable relationship to the objective gravity of the offence, having regard to the maximum penalty prescribed by the legislature as an indicator of the seriousness with which Parliament regards the offence

The principle of proportionality in sentencing requires that the sentence imposed bear a reasonable relationship to the objective gravity of the offence, having regard to the maximum penalty prescribed by the legislature as an indicator of the seriousness with which Parliament regards the offence.

R v Camus at [37]

R v Camus [1999] NSWCCA 425 — BarristerAI

Ratio Decidendi

Judges

Quick Take

Headnote

Linked Principles

Case Details

Built by Barristers,For Australian Law.

Judgment

Subsequent Judicial Consideration4›

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For Australian Law.