R v Buenconsejo [2014] NSWDC 192

R v Buenconsejo [2014] NSWDC 192

The offender's persistent attempt to obtain a consignment containing a large marketable quantity of methamphetamine, while using insider knowledge from DHL and knowing the consignment contained methamphetamine, required a full-time custodial sentence for punishment and general deterrence. However, his role was at the bottom rung of drug trafficking, he had not possessed the drugs, he had no prior convictions, was remorseful, pleaded guilty at the earliest opportunity, made full admissions, gave medium to high assistance and an undertaking to assist authorities, and had very good prospects of rehabilitation; those matters justified reducing a five-year starting point by 50% to two years...

Jurisdiction
Australia
Judgment Date
03 July 2014
Procedural Posture
Sentence / Sentencing After Guilty Plea in the Local Court and Committal for Sentence
Outcome
Convicted and sentenced to two years and six months imprisonment, to be released on recognisance after one year and three months.
Legal Topics
['attempt to Possess Unlawfully Imported Border Controlled Drug' 'marketable Quantity of Methamphetamine' 'guilty Plea' 'assistance to Law Enforcement Authorities' 'rehabilitation' 'general Deterrence']
['criminal Law' 'sentencing' 'commonwealth Drug Offences'] ['attempt to Possess Unlawfully Imported Border Controlled Drug' 'marketable Quantity of Methamphetamine' 'guilty Plea' 'assistance to Law Enforcement Authorities' 'rehabilitation' 'general Deterrence']

Case Brief

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Procedural Posture

Sentence / Sentencing After Guilty Plea in the Local Court and Committal for Sentence

Legal Issues

  1. 1 ['What sentence should be imposed for attempting to possess a marketable quantity of unlawfully imported methamphetamine contrary to ss 11.1 and 307.6 of the Criminal Code 1995 (Cth).' "What allowance should be made for the offender's early guilty plea, admissions, past good character, remorse, prospects of rehabilitation, and assistance and undertaking to assist authorities." 'What pre-release period should be fixed under Commonwealth sentencing law.']

Ratio Decidendi

The offender's persistent attempt to obtain a consignment containing a large marketable quantity of methamphetamine, while using insider knowledge from DHL and knowing the consignment contained methamphetamine, required a full-time custodial sentence for punishment and general deterrence. However, his role was at the bottom rung of drug trafficking, he had not possessed the drugs, he had no prior convictions, was remorseful, pleaded guilty at the earliest opportunity, made full admissions, gave medium to high assistance and an undertaking to assist authorities, and had very good prospects of rehabilitation; those matters justified reducing a five-year starting point by 50% to two years...

Court Disposition

Convicted and sentenced to two years and six months imprisonment, to be released on recognisance after one year and three months.

Orders

  • ['The offender is convicted.' 'The offender is sentenced to a term of imprisonment of two years and six months commencing on 16 October 2013 and expiring on 15 April 2016.' 'The offender is to be released on recognisance on 15 January 2015 on giving security in the sum of $500.' 'Exhibit 3 is sealed and is not to be...