R (Cth) v Cooper [2020] NSWSC 515

R (Cth) v Cooper [2020] NSWSC 515

For two conspiracies to import commercial quantities of cocaine, where the offender was the sole Australian agent of an international syndicate and played a senior, coordinating and facilitating role over a 15-month period with high quantities and planning, the only appropriate sentences are lengthy custodial sentences. The offender is sentenced to an aggregate term of 28 years’ imprisonment with a non-parole period of 18 years, dating from 25 December 2016.

Parties
Prosecution: Regina (Crown); Accused: Jonathon Cooper
Jurisdiction
Australia
Judgment Date
08 May 2020
Procedural Posture
Criminal / Sentencing After Trial
Outcome
The offender is sentenced to an aggregate term of imprisonment of 28 years with a non-parole period of 18 years, to date from 25 December 2016.
Legal Topics
Conspiracy to Import Commercial Quantity of a Border Controlled Drug, Sentencing, Drug Importation, Parity, General Deterrence
Criminal Law Conspiracy to Import Commercial Quantity of a Border Controlled Drug Sentencing Drug Importation Parity General Deterrence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 24 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Regina (Crown)

Prosecution

Jonathon Cooper

Accused

Procedural Posture

Criminal / Sentencing After Trial

Legal Issues

  1. 1 What is the appropriate sentence for two counts of conspiracy to import a commercial quantity of a border controlled drug under ss 11.5(1) and 307.1(1) of the Criminal Code (Cth)?
  2. 2 How should the principle of parity and considerations of general and specific deterrence be applied in these circumstances?

Ratio Decidendi

For two conspiracies to import commercial quantities of cocaine, where the offender was the sole Australian agent of an international syndicate and played a senior, coordinating and facilitating role over a 15-month period with high quantities and planning, the only appropriate sentences are lengthy custodial sentences. The offender is sentenced to an aggregate term of 28 years’ imprisonment with a non-parole period of 18 years, dating from 25 December 2016.

Court Disposition

The offender is sentenced to an aggregate term of imprisonment of 28 years with a non-parole period of 18 years, to date from 25 December 2016.

Orders

  • The offender is formally convicted on both counts.
  • Aggregate sentence: 28 years' imprisonment, non-parole period 18 years, commencing on 25 December 2016. Release to parole eligible 24 December 2034. Sentence expires 24 December 2044.