R v Vakatalesau [2019] NSWDC 505

R v Vakatalesau [2019] NSWDC 505

The offence was extremely serious because it involved an attempted possession of 81.4 kilograms of pure methamphetamine, far above the commercial quantity threshold, in a planned and premeditated operation. The offender knew the drug was methamphetamine, used a false identity and contact details, arranged premises, assisted with the first test container, recruited assistance, took delivery of the second container, helped access and remove the substitute packages, and later had about 20 kilograms of substitute at his aunt's premises. His role was important and comparable in seriousness to the co-offenders, although a lesser sentence was warranted due to his belated guilty plea with about a...

Jurisdiction
Australia
Judgment Date
10 May 2019
Procedural Posture
Criminal Sentence / Sentence After Plea of Guilty to One Count of Attempting to Possess a Commercial Quantity of a Border Controlled Drug
Outcome
Convicted and sentenced to imprisonment for 18 years with a non-parole period of 12 years.
Legal Topics
['attempt to Possess a Commercial Quantity of a Border Controlled Drug' 'methamphetamine' 'role of Offender' 'co Offenders' 'parity' 'subjective Matters' 'general Deterrence' 'non Parole Period']
['criminal Law' 'sentencing'] ['attempt to Possess a Commercial Quantity of a Border Controlled Drug' 'methamphetamine' 'role of Offender' 'co Offenders' 'parity' 'subjective Matters' 'general Deterrence' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Plea of Guilty to One Count of Attempting to Possess a Commercial Quantity of a Border Controlled Drug

Legal Issues

  1. 1 ['What sentence should be imposed for attempting to possess 81.4 kilograms of pure methamphetamine contrary to s 307.5(1) of the Criminal Code (Cth).' "The objective seriousness of the offender's role in the planned receipt and removal of the concealed drug substitute from the shipping container." 'Whether parity required comparison with the sentences imposed on co-offenders Chan and Kwan.' "The extent to which the offender's belated guilty plea, remorse, youth, rehabilitation prospects, family hardship and background reduced the sentence." 'Whether Bugmy v The Queen and R v Fernando principles were engaged on the material before the Court.']

Ratio Decidendi

The offence was extremely serious because it involved an attempted possession of 81.4 kilograms of pure methamphetamine, far above the commercial quantity threshold, in a planned and premeditated operation. The offender knew the drug was methamphetamine, used a false identity and contact details, arranged premises, assisted with the first test container, recruited assistance, took delivery of the second container, helped access and remove the substitute packages, and later had about 20 kilograms of substitute at his aunt's premises. His role was important and comparable in seriousness to the co-offenders, although a lesser sentence was warranted due to his belated guilty plea with about a...

Court Disposition

Convicted and sentenced to imprisonment for 18 years with a non-parole period of 12 years.

Orders

  • ['The offender is convicted of attempting to possess a commercial quantity of a border controlled drug, methamphetamine, in the quantity of 81.4 kilograms pure contrary to s 307.5(1) of the Criminal Code.' 'The offender is sentenced to a term of imprisonment of 18 years with a non-parole period of 12 years.' 'The...