R v Londono Aristizabal; R v Valdes; R v Poblete [2017] NSWDC 354

R v Londono Aristizabal; R v Valdes; R v Poblete [2017] NSWDC 354

The seriousness of importing a marketable quantity of cocaine, the need for general deterrence and the offenders' respective culpability required sentences of imprisonment notwithstanding their good character, remorse, early guilty pleas and prospects of rehabilitation. Valdes was the principal organiser and received the highest sentence; Londono acted as intermediary and received a lower sentence; Poblete's role was limited to receiving the package and his offence was attempt because the cocaine had been removed, so he received the lowest sentence.

Jurisdiction
Australia
Judgment Date
23 November 2017
Procedural Posture
Criminal Sentencing / Sentence After Guilty Pleas
Outcome
Each offender was sentenced to imprisonment and the forfeiture order was confirmed.
Legal Topics
['drug Importation' 'cocaine' 'marketable Quantity' 'attempting to Possess an Unlawfully Imported Border Controlled Drug' 'dealing With Proceeds of Crime' 'general Deterrence' 'parity' 'guilty Plea Discount' 'forfeiture']
['criminal Law' 'sentencing'] ['drug Importation' 'cocaine' 'marketable Quantity' 'attempting to Possess an Unlawfully Imported Border Controlled Drug' 'dealing With Proceeds of Crime' 'general Deterrence' 'parity' 'guilty Plea Discount' 'forfeiture']

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Pleas

Legal Issues

  1. 1 ["What sentences should be imposed for the offenders' involvement in importing 1.52 kilograms of cocaine or attempting to possess the unlawfully imported cocaine." "How the offenders' different roles in the enterprise should affect sentence under parity principles." 'What weight should be given to early guilty pleas, good character, remorse, rehabilitation prospects and family hardship.' 'Whether to confirm the forfeiture order.']

Ratio Decidendi

The seriousness of importing a marketable quantity of cocaine, the need for general deterrence and the offenders' respective culpability required sentences of imprisonment notwithstanding their good character, remorse, early guilty pleas and prospects of rehabilitation. Valdes was the principal organiser and received the highest sentence; Londono acted as intermediary and received a lower sentence; Poblete's role was limited to receiving the package and his offence was attempt because the cocaine had been removed, so he received the lowest sentence.

Court Disposition

Each offender was sentenced to imprisonment and the forfeiture order was confirmed.

Orders

  • ['Carlos Gilberto Montejo Valdes: non-parole period of 5 years with a head sentence of 7.5 years, commencing 17 May 2016, eligible for parole on 16 May 2021.' 'Ignacio de Jesus Londono Aristizabal: non-parole period of 3.5 years with a head sentence of 5.5 years, commencing 17 May 2016, eligible for parole on 16...