R v D’Amico [2020] NSWDC 344

R v D’Amico [2020] NSWDC 344

The offence was objectively very serious because it involved attempted possession of about 4.5 kilograms of pure MDMA, approximately nine times the commercial quantity threshold. The offender played a very significant and crucial role in arranging collection by another person using false documentation, facilitating release of the parcels and attempting to distance himself from the collection. Although the offender had no criminal history and had some prospects of rehabilitation, the seriousness of the offence and the need for specific and general deterrence required a significant sentence of full-time imprisonment, reduced by slightly more than 25% for the guilty plea and facilitating the...

Jurisdiction
Australia
Judgment Date
27 March 2020
Procedural Posture
Criminal Sentence / Sentence After Committal for Sentence and Guilty Plea
Outcome
Convicted and sentenced to imprisonment for 7 years with a non-parole period of 4 years and 6 months.
Legal Topics
['attempt to Possess a Commercial Quantity of a Border Controlled Drug' 'aiding, Abetting, Counselling or Procuring' 'mdma' 'objective Seriousness' 'specific Deterrence' 'general Deterrence' 'guilty Plea Discount' 'remorse' 'rehabilitation']
['criminal Law' 'sentencing'] ['attempt to Possess a Commercial Quantity of a Border Controlled Drug' 'aiding, Abetting, Counselling or Procuring' 'mdma' 'objective Seriousness' 'specific Deterrence' 'general Deterrence' 'guilty Plea Discount' 'remorse' 'rehabilitation']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Committal for Sentence and Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for aiding, abetting, counselling or procuring an attempt to possess a commercial quantity of a border controlled drug, MDMA.' "The offender's role and the objective seriousness of the offence." 'The weight to be given to specific and general deterrence.' 'The extent of any discount for the guilty plea and facilitating the course of justice.' "The relevance of the offender's subjective circumstances, remorse, prospects of rehabilitation and risk of reoffending."]

Ratio Decidendi

The offence was objectively very serious because it involved attempted possession of about 4.5 kilograms of pure MDMA, approximately nine times the commercial quantity threshold. The offender played a very significant and crucial role in arranging collection by another person using false documentation, facilitating release of the parcels and attempting to distance himself from the collection. Although the offender had no criminal history and had some prospects of rehabilitation, the seriousness of the offence and the need for specific and general deterrence required a significant sentence of full-time imprisonment, reduced by slightly more than 25% for the guilty plea and facilitating the...

Court Disposition

Convicted and sentenced to imprisonment for 7 years with a non-parole period of 4 years and 6 months.

Orders

  • ['The offender is convicted of aiding, abetting, counselling or procuring the attempt to possess a commercial quantity of a border controlled drug, being MDMA.' 'The non-parole period is 4 years and 6 months commencing on 13 May 2019 and expiring on 12 November 2023.' 'A parole order is made for release on or about...