R v Udeh [2017] NSWDC 401

R v Udeh [2017] NSWDC 401

Although the offence was serious because it involved aiding and abetting attempts to possess unlawfully imported marketable quantities of methamphetamine and cocaine, the offender's role was towards the bottom of the range of objective seriousness: she made telephone calls to Australia Post, did not act as a courier, and was less culpable than co-offenders Okosi and Okolie. Taking into account her early guilty plea, contrition, prior good character, compelling personal and health circumstances, low risk of reoffending and excellent prospects of rehabilitation, a head sentence of three years was reduced by 20 per cent to two years and four months, and special circumstances justified...

Jurisdiction
Australia
Judgment Date
04 October 2017
Procedural Posture
Criminal Sentence for Commonwealth Drug Offence / Sentence After Plea of Guilty
Outcome
Convicted and sentenced to imprisonment for two years and four months, wholly suspended on recognisance.
Legal Topics
['aiding and Abetting' 'attempted Possession of Unlawfully Imported Border Controlled Drugs' 'marketable Quantity of Methamphetamine and Cocaine' 'suspended Sentence' 'recognition of Early Guilty Plea' 'parity' 'personal Circumstances']
['criminal Law' 'sentencing' 'commonwealth Criminal Law'] ['aiding and Abetting' 'attempted Possession of Unlawfully Imported Border Controlled Drugs' 'marketable Quantity of Methamphetamine and Cocaine' 'suspended Sentence' 'recognition of Early Guilty Plea' 'parity' 'personal Circumstances']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence for Commonwealth Drug Offence / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for aiding and abetting another person in the attempted possession of unlawfully imported border controlled drugs, namely methamphetamine and cocaine, in a marketable quantity.' "Whether the offender's role was mid-range or towards the bottom of the range of objective seriousness and culpability." 'Whether parity with the sentence imposed on co-offender Foster Okolie should guide the sentence.' "Whether the offender's personal circumstances, low risk of reoffending and prospects of rehabilitation justified suspending the whole custodial sentence."]

Ratio Decidendi

Although the offence was serious because it involved aiding and abetting attempts to possess unlawfully imported marketable quantities of methamphetamine and cocaine, the offender's role was towards the bottom of the range of objective seriousness: she made telephone calls to Australia Post, did not act as a courier, and was less culpable than co-offenders Okosi and Okolie. Taking into account her early guilty plea, contrition, prior good character, compelling personal and health circumstances, low risk of reoffending and excellent prospects of rehabilitation, a head sentence of three years was reduced by 20 per cent to two years and four months, and special circumstances justified...

Court Disposition

Convicted and sentenced to imprisonment for two years and four months, wholly suspended on recognisance.

Orders

  • ['Maryann Adaobi Udeh is convicted.' 'The offender is sentenced to imprisonment for a period of two years and four months commencing 4 October 2017 and expiring on 3 February 2020.' 'Pursuant to s 20(1)(b) of the Crimes Act 1914 of the Commonwealth of Australia, the offender is to be released forthwith upon entering...