R v Azabal [2019] NSWDC 523

R v Azabal [2019] NSWDC 523

Given the serious nature of the state and federal drug offences, the use of the dark web, the commission of offences while on conditional liberty, and consistent sentencing principles, only a substantial custodial sentence reflecting both accumulation of penalties and moderation for early guilty plea, cooperation, and prospects of rehabilitation is appropriate. Drug and gambling addictions are not mitigating factors but are relevant to subjective circumstances. A just sentence must both denounce the offending and protect the community.

Parties
Offender: Michael Richard Azabal; Prosecutor: Director of Public Prosecutions - NSW; Prosecutor: Director of Public Prosecutions - Commonwealth
Jurisdiction
Australia
Judgment Date
28 June 2019
Procedural Posture
Sentencing / Sentence
Outcome
Offender convicted on all counts and sentenced to an effective term of imprisonment; custodial sentences ordered for state and commonwealth matters, with specified non-parole periods; drug destruction order granted.
Legal Topics
Drug Offences, Sentencing, Importation of Prohibited Substances, Use of Dark Web, Conditional Liberty, Drug Addiction and Gambling, General Deterrence
Criminal Law Drug Offences Sentencing Importation of Prohibited Substances Use of Dark Web Conditional Liberty Drug Addiction and Gambling General Deterrence

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Parties

Michael Richard Azabal

Offender

Director of Public Prosecutions - NSW

Prosecutor

Director of Public Prosecutions - Commonwealth

Prosecutor

Procedural Posture

Sentencing / Sentence

Legal Issues

  1. 1 Appropriate sentence for supplying cocaine under state law
  2. 2 Appropriate sentence for importing and attempting to import prohibited drugs (cocaine and ketamine) via the dark web under Commonwealth law
  3. 3 Relevance of drug and gambling addiction to sentencing

Ratio Decidendi

Given the serious nature of the state and federal drug offences, the use of the dark web, the commission of offences while on conditional liberty, and consistent sentencing principles, only a substantial custodial sentence reflecting both accumulation of penalties and moderation for early guilty plea, cooperation, and prospects of rehabilitation is appropriate. Drug and gambling addictions are not mitigating factors but are relevant to subjective circumstances. A just sentence must both denounce the offending and protect the community.

Court Disposition

Offender convicted on all counts and sentenced to an effective term of imprisonment; custodial sentences ordered for state and commonwealth matters, with specified non-parole periods; drug destruction order granted.

Orders

  • Conviction on each matter before the Court.
  • No action taken on breach of bond due to the period in custody and nature of matters.