R v Campbell [2023] NSWDC 652

R v Campbell [2023] NSWDC 652

The offending warranted full-time imprisonment because it involved a commercial quantity of unlawfully imported heroin intended for distribution and was committed for financial gain. However, the objective criminality was towards the bottom of the range because the offender had a very low and limited role akin to a courier, was involved for about two hours, was not shown to have been involved in importation or planning, and the quantity and value were towards the lower end for offences under the section. Taking account of the early guilty plea, limited criminal history, disrupted Indigenous background, mental health impairments, genuine remorse, onerous custody and good rehabilitation...

Jurisdiction
Australia
Judgment Date
17 February 2023
Procedural Posture
Criminal Sentence / Sentence After Early Plea of Guilty
Outcome
Offender convicted and sentenced to imprisonment for 4 years and 6 months with a non-parole period of 2 years and 3 months.
Legal Topics
['attempt to Possess a Commercial Quantity of Unlawfully Imported Border Controlled Drug' 'heroin' 'joint Criminal Enterprise' 'objective Seriousness' 'subjective Factors' 'guilty Plea Discount' 'non Parole Period']
['criminal Law' 'sentencing' 'commonwealth Drug Offences'] ['attempt to Possess a Commercial Quantity of Unlawfully Imported Border Controlled Drug' 'heroin' 'joint Criminal Enterprise' 'objective Seriousness' 'subjective Factors' 'guilty Plea Discount' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Early Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for attempting to possess a commercial quantity of unlawfully imported heroin as part of a joint criminal enterprise.' "How the offender's role in the joint criminal enterprise affected the objective seriousness of the offending." 'Whether imprisonment was the only appropriate sentence.' "What weight should be given to the early guilty plea, the offender's background, mental health impairments, remorse, rehabilitation prospects and time in custody during COVID lockdowns." 'What non-parole period should be fixed.']

Ratio Decidendi

The offending warranted full-time imprisonment because it involved a commercial quantity of unlawfully imported heroin intended for distribution and was committed for financial gain. However, the objective criminality was towards the bottom of the range because the offender had a very low and limited role akin to a courier, was involved for about two hours, was not shown to have been involved in importation or planning, and the quantity and value were towards the lower end for offences under the section. Taking account of the early guilty plea, limited criminal history, disrupted Indigenous background, mental health impairments, genuine remorse, onerous custody and good rehabilitation...

Court Disposition

Offender convicted and sentenced to imprisonment for 4 years and 6 months with a non-parole period of 2 years and 3 months.

Orders

  • ['The offender is convicted.' 'He is sentenced to a term of imprisonment of 4 years and 6 months commencing on 13 August 2021 and expiring on 12 February 2026.' 'There will be a non-parole period of 2 years and 3 months commencing on 13 August 2021 and expiring on 12 November 2023.']