R v Diez [2020] NSWDC 351

R v Diez [2020] NSWDC 351

The offender was convicted of attempting to possess a commercial quantity of unlawfully imported cocaine. His role was unsophisticated and akin to Bittner's labourer or assistant; the Crown did not prove beyond reasonable doubt that he had knowledge before 4 January 2019 or that he was financially motivated. The objective gravity was between the low and mid-range, but imprisonment was required having regard to the maximum penalty, the commercial quantity of cocaine, general deterrence, denunciation, prior drug offending, parity with co-offenders, and the offender's subjective circumstances. A 15% discount was allowed for the guilty plea, resulting in a sentence of 3 years, 4 months and 24...

Jurisdiction
Australia
Judgment Date
06 July 2020
Procedural Posture
Criminal Sentence / Sentence After Plea of Guilty
Outcome
Convicted and sentenced to imprisonment for 3 years, 4 months and 24 days with a non-parole period of 2 years and 1 month.
Legal Topics
['attempt to Possess a Commercial Quantity of Unlawfully Imported Drug' 'cocaine Importation' 'controlled Operation' 'commonwealth Sentencing Principles' 'parity' 'guilty Plea Discount' 'covid 19 Conditions in Custody']
['criminal Law' 'sentencing' 'commonwealth Criminal Law'] ['attempt to Possess a Commercial Quantity of Unlawfully Imported Drug' 'cocaine Importation' 'controlled Operation' 'commonwealth Sentencing Principles' 'parity' 'guilty Plea Discount' 'covid 19 Conditions in Custody']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for attempt to possess a commercial quantity of unlawfully imported drug contrary to ss 307.5(1) and 11.1(1) of the Criminal Code 1995 (Cth).' "What was the offender's role and level of knowledge in relation to the consignment containing cocaine." 'Whether the offender was financially motivated.' 'How parity with co-offenders should affect sentence.' 'What weight should be given to subjective circumstances, guilty plea, prospects of rehabilitation, prior drug offending, time in custody and COVID-19 risks.']

Ratio Decidendi

The offender was convicted of attempting to possess a commercial quantity of unlawfully imported cocaine. His role was unsophisticated and akin to Bittner's labourer or assistant; the Crown did not prove beyond reasonable doubt that he had knowledge before 4 January 2019 or that he was financially motivated. The objective gravity was between the low and mid-range, but imprisonment was required having regard to the maximum penalty, the commercial quantity of cocaine, general deterrence, denunciation, prior drug offending, parity with co-offenders, and the offender's subjective circumstances. A 15% discount was allowed for the guilty plea, resulting in a sentence of 3 years, 4 months and 24...

Court Disposition

Convicted and sentenced to imprisonment for 3 years, 4 months and 24 days with a non-parole period of 2 years and 1 month.

Orders

  • ['Luis Fernando Diez is convicted of attempt to possess a commercial quantity of unlawfully imported drug contrary to ss 307.5(1) and 11.1(1) of the Criminal Code 1995 (Cth).' 'He is sentenced, after allowing a 15% discount for his plea of guilty, to imprisonment for 3 years, 4 months and 24 days, with a non-parole...