R v Hunter [2021] NSWDC 490

R v Hunter [2021] NSWDC 490

The Court found beyond reasonable doubt that, by May 2019, the offender had actual knowledge that the excavator contained a significant quantity of a border controlled drug, though not that it was cocaine; that his role was significant and key; and that he acted for expected substantial financial benefit. The offence was assessed as mid-range in objective seriousness for an offence of its kind. Given the seriousness of the attempted importation, the quantity and purity of cocaine, the offender's guarded rehabilitation prospects, and the need for general and specific deterrence, only full-time imprisonment was appropriate. A 20 per cent discount was allowed for the guilty plea, reduced...

Jurisdiction
Australia
Judgment Date
17 September 2021
Procedural Posture
Criminal Sentence for Attempting to Import a Commercial Quantity of a Border Controlled Drug / Sentence After Plea of Guilty
Outcome
Convicted and sentenced to imprisonment for 12 years 9 months with a non-parole period of 8 years 3 months.
Legal Topics
['attempting to Import a Commercial Quantity of a Border Controlled Drug' 'border Controlled Drugs' 'cocaine Importation' 'objective Seriousness' 'guilty Plea Discount' 'general Deterrence' 'specific Deterrence']
['criminal Law' 'sentencing'] ['attempting to Import a Commercial Quantity of a Border Controlled Drug' 'border Controlled Drugs' 'cocaine Importation' 'objective Seriousness' 'guilty Plea Discount' 'general Deterrence' 'specific Deterrence']

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 Attempting to Import a Commercial Quantity of a Border Controlled Drug / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['Whether the offender had actual knowledge of the nature and quantity of the concealed packages before 11 July 2019' "The offender's role in the importation enterprise" 'Whether the offending was motivated by financial reward and the extent of that reward' 'The objective seriousness of the offence' 'The appropriate sentence, non-parole period and discount for the guilty plea']

Ratio Decidendi

The Court found beyond reasonable doubt that, by May 2019, the offender had actual knowledge that the excavator contained a significant quantity of a border controlled drug, though not that it was cocaine; that his role was significant and key; and that he acted for expected substantial financial benefit. The offence was assessed as mid-range in objective seriousness for an offence of its kind. Given the seriousness of the attempted importation, the quantity and purity of cocaine, the offender's guarded rehabilitation prospects, and the need for general and specific deterrence, only full-time imprisonment was appropriate. A 20 per cent discount was allowed for the guilty plea, reduced...

Court Disposition

Convicted and sentenced to imprisonment for 12 years 9 months with a non-parole period of 8 years 3 months.

Orders

  • ['Adam Phillip Hunter is convicted of attempting to import a commercial quantity of a border controlled drug.' 'The offender is sentenced to imprisonment for 12 years 9 months after a 20 per cent discount for the guilty plea.' 'A non-parole period of 8 years 3 months is fixed to date from 14 July 2019 and expire on...