R v Sara [2019] NSWDC 841

R v Sara [2019] NSWDC 841

Mr Sara was guilty of a serious conspiracy to import a commercial quantity of heroin, but his proved involvement was limited to a little more than two months and he was an important middle man rather than a principal or central figure. He knew the drug type and amount, facilitated contact between overseas and Australian participants, and forwarded communications, but did not direct others, was not to store or distribute drugs, and voluntarily terminated his involvement. The conspiracy was unlikely to succeed because an undercover operative was involved, reducing objective gravity. Taking into account the seriousness of the offence, general and specific deterrence, parity with Mr Pirrello,...

Jurisdiction
Australia
Judgment Date
29 October 2019
Procedural Posture
Criminal Sentencing for Commonwealth Drug Importation Conspiracy Offence / Sentence After Guilty Plea
Outcome
Mr Sara was convicted and sentenced to imprisonment for 7½ years with a non-parole period of 5 years.
Legal Topics
['conspiracy to Import Border Controlled Substance' 'heroin' 'commercial Quantity' 'role of Offender' 'parity' 'remorse' 'general Deterrence' 'specific Deterrence' 'guilty Plea Discount' 'onerous Custody']
['criminal Law' 'sentencing'] ['conspiracy to Import Border Controlled Substance' 'heroin' 'commercial Quantity' 'role of Offender' 'parity' 'remorse' 'general Deterrence' 'specific Deterrence' 'guilty Plea Discount' 'onerous Custody']

Case Brief

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Procedural Posture

Criminal Sentencing for Commonwealth Drug Importation Conspiracy Offence / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for conspiracy to import a commercial quantity of heroin contrary to ss 11.5(1) and 307.1(1) of the Commonwealth Criminal Code.' "How Mr Sara's role in the conspiracy should be characterised for sentencing purposes." 'What effect should be given to the early guilty plea, remorse, mental health issues, prospects of rehabilitation and parity with co-offenders.' 'Whether the objective gravity was reduced by the conspiracy being unlikely to succeed because of the involvement of an undercover operative.']

Ratio Decidendi

Mr Sara was guilty of a serious conspiracy to import a commercial quantity of heroin, but his proved involvement was limited to a little more than two months and he was an important middle man rather than a principal or central figure. He knew the drug type and amount, facilitated contact between overseas and Australian participants, and forwarded communications, but did not direct others, was not to store or distribute drugs, and voluntarily terminated his involvement. The conspiracy was unlikely to succeed because an undercover operative was involved, reducing objective gravity. Taking into account the seriousness of the offence, general and specific deterrence, parity with Mr Pirrello,...

Court Disposition

Mr Sara was convicted and sentenced to imprisonment for 7½ years with a non-parole period of 5 years.

Orders

  • ['Mr Sara is convicted.' 'The offender is sentenced to a period of imprisonment of seven and a half years to date from 27 December 2016 and to expire on 26 June 2024.' 'There is to be a non-parole period of five years, with the earliest date of release to parole being 26 December 2021.']