R v Faridah RASHID [2012] NSWDC 180

R v Faridah RASHID [2012] NSWDC 180

An effective sentence of full-time imprisonment was required because the offender knowingly attempted to import what she believed was cocaine, undertook a sophisticated international operation for financial gain, concealed pellets in her body, and had a prior overseas conviction for cocaine importation. Although the substance was actually diphenylhydramine, purity could not be attributed, and the offender received credit for cooperation, early disclosure and a guilty plea, those mitigating factors did not displace the need for punishment, general deterrence, specific deterrence and protection of society.

Jurisdiction
Australia
Judgment Date
10 May 2012
Procedural Posture
Criminal Sentencing for Attempted Importation of a Border Controlled Drug (cocaine) / Sentence After Guilty Plea at the First Reasonable Opportunity
Outcome
The offender was sentenced to 3 years and 9 months imprisonment with a non-parole period of 2 years.
Legal Topics
['attempted Importation of a Border Controlled Drug' 'cocaine' 'identity of Prohibited Substance' 'drug Quantity and Purity' 'guilty Plea' 'assistance to Authorities' 'prior Criminality' 'general Deterrence' 'specific Deterrence' 'non Parole Period']
['criminal Law' 'sentencing'] ['attempted Importation of a Border Controlled Drug' 'cocaine' 'identity of Prohibited Substance' 'drug Quantity and Purity' 'guilty Plea' 'assistance to Authorities' 'prior Criminality' 'general Deterrence' 'specific Deterrence' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentencing for Attempted Importation of a Border Controlled Drug (cocaine) / Sentence After Guilty Plea at the First Reasonable Opportunity

Legal Issues

  1. 1 ['What sentence should be imposed for attempting to import cocaine where the substance actually imported was diphenylhydramine and not prohibited.' 'How to assess seriousness when the offender believed she was importing cocaine but the purity and quantity of cocaine could not be attributed.' "What weight should be given to the offender's guilty plea, cooperation, early disclosure of foreign prior offending, personal circumstances, prior drug importation conviction, and custody in a foreign gaol."]

Ratio Decidendi

An effective sentence of full-time imprisonment was required because the offender knowingly attempted to import what she believed was cocaine, undertook a sophisticated international operation for financial gain, concealed pellets in her body, and had a prior overseas conviction for cocaine importation. Although the substance was actually diphenylhydramine, purity could not be attributed, and the offender received credit for cooperation, early disclosure and a guilty plea, those mitigating factors did not displace the need for punishment, general deterrence, specific deterrence and protection of society.

Court Disposition

The offender was sentenced to 3 years and 9 months imprisonment with a non-parole period of 2 years.

Orders

  • ['For the crime of attempting to commit a crime, namely importing a substance being a border controlled drug, namely cocaine, Faridah Rashid was sentenced to imprisonment for 3 years and 9 months.' 'A non-parole period of 2 years was fixed.' 'The sentence commenced on 18 September 2011 and concludes on 17 June...