R v Keelan [2022] NSWDC 387

R v Keelan [2022] NSWDC 387

Given the offender’s low-level role as a courier, the plea of guilty, background of disadvantage, but the objective seriousness due to the significant quantity of heroin, a sentence somewhat below those in relevant authorities was appropriate, with a non-parole period reflecting both general and specific deterrence and limited prospects for rehabilitation.

Jurisdiction
Australia
Judgment Date
28 July 2022
Procedural Posture
Sentence / Sentence Determination After Plea of Guilty
Outcome
Convicted and sentenced to imprisonment for 3 years and 4 months with a non-parole period of 2 years
Legal Topics
['drug Offences' 'sentencing' 'commonwealth Offences' 'border Controlled Drugs' 'imprisonment' 'plea of Guilty']
['criminal Law'] ['drug Offences' 'sentencing' 'commonwealth Offences' 'border Controlled Drugs' 'imprisonment' 'plea of Guilty']

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Procedural Posture

Sentence / Sentence Determination After Plea of Guilty

Legal Issues

  1. 1 ['Appropriate sentence for attempt to possess marketable quantity of border controlled drug (heroin) contrary to ss 11.1(1) and 307.6(1) Criminal Code Act 1995' 'Degree of moral culpability given offender’s history, role, and antecedents' "Relevance of offender's background, mental health, and personal circumstances in sentencing for Commonwealth criminal drug offence"]

Ratio Decidendi

Given the offender’s low-level role as a courier, the plea of guilty, background of disadvantage, but the objective seriousness due to the significant quantity of heroin, a sentence somewhat below those in relevant authorities was appropriate, with a non-parole period reflecting both general and specific deterrence and limited prospects for rehabilitation.

Court Disposition

Convicted and sentenced to imprisonment for 3 years and 4 months with a non-parole period of 2 years

Orders

  • ['Term of imprisonment: 3 years, 4 months from 9 April 2021 to 8 August 2024' 'Non-parole period: 2 years expiring 8 April 2023' 'No further orders sought' 'Exhibits to remain on file']