R v Fitzsimmonds [2018] NSWDC 470

R v Fitzsimmonds [2018] NSWDC 470

The offender was convicted and sentenced on the basis that he attempted to possess 39.52 kilograms of pure methylamphetamine, 52.69 times the commercial quantity, after being trusted by a syndicate to collect and transport three suitcases containing the substance. Although there was no evidence he knew the final destination or had previously known Chan, he was more than merely a courier because he knew something of the mechanics of the arrangement and took an active role in moving a substantial quantity. A head sentence of nine years was appropriate, reduced by 25% for the guilty plea to six years and nine months, with a non-parole period of four years and six months.

Jurisdiction
Australia
Judgment Date
04 December 2018
Procedural Posture
Criminal Sentence / Sentence Following Plea of Guilty
Outcome
Offender convicted and sentenced to imprisonment for six years and nine months with a non-parole period of four years and six months, commencing 16 February 2017.
Legal Topics
['attempting to Possess an Unlawfully Imported Border Controlled Drug' 'commercial Quantity of Methylamphetamine' 'commonwealth Drug Offence' 'guilty Plea Discount' 'non Parole Period']
['criminal Law' 'sentencing'] ['attempting to Possess an Unlawfully Imported Border Controlled Drug' 'commercial Quantity of Methylamphetamine' 'commonwealth Drug Offence' 'guilty Plea Discount' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence Following Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for attempting to possess 39.52 kilograms of pure methylamphetamine, being a commercial quantity of an unlawfully imported border controlled drug.' "How the offender's role in the drug importation syndicate should be assessed." "What allowance should be made for the utilitarian value of the offender's plea of guilty." 'What non-parole period should be fixed.']

Ratio Decidendi

The offender was convicted and sentenced on the basis that he attempted to possess 39.52 kilograms of pure methylamphetamine, 52.69 times the commercial quantity, after being trusted by a syndicate to collect and transport three suitcases containing the substance. Although there was no evidence he knew the final destination or had previously known Chan, he was more than merely a courier because he knew something of the mechanics of the arrangement and took an active role in moving a substantial quantity. A head sentence of nine years was appropriate, reduced by 25% for the guilty plea to six years and nine months, with a non-parole period of four years and six months.

Court Disposition

Offender convicted and sentenced to imprisonment for six years and nine months with a non-parole period of four years and six months, commencing 16 February 2017.

Orders

  • ['Bradley Ross Fitzsimmonds is convicted.' 'The offender is sentenced to imprisonment for six years and nine months.' 'A non-parole period of four years and six months is fixed.' 'The sentence commences 16 February 2017.' 'The remarks on sentence and a copy of exhibit 2 are to be attached and sent to the Department...