R v Fagan [2019] NSWDC 777

R v Fagan [2019] NSWDC 777

A significant term of imprisonment is required given the offender's sustained, knowing, and highly trusted role over an 18-month period, involving the organised importation of large commercial quantities of cocaine into Australia, warranting limited mitigation for remorse, rehabilitation, and prior good character but necessitating deterrence and community protection.

Parties
Prosecutor: Regina (Crown); Offender: Jonathan Fagan
Jurisdiction
Australia
Judgment Date
30 July 2019
Procedural Posture
Sentence / Sentencing Proceeding and Orders
Outcome
Offender convicted and sentenced; term of imprisonment imposed with non-parole period; non-publication order made.
Legal Topics
Drug Offences, Commonwealth Offences, Sentencing, Import/export of Border Controlled Drugs, Mitigating Factors, Remorse, Objective Seriousness, Deterrence, Co Offenders, Parity, Subjective Considerations, Drug Addiction
Criminal Law Drug Offences Commonwealth Offences Sentencing Import/export of Border Controlled Drugs Mitigating Factors Remorse Objective Seriousness +5 more

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 6 Authorities cited 15 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

Regina (Crown)

Prosecutor

Jonathan Fagan

Offender

Procedural Posture

Sentence / Sentencing Proceeding and Orders

Legal Issues

  1. 1 Appropriate sentence for importation of commercial quantity of border controlled drug under s 307 of the Criminal Code 1995 (Cth)
  2. 2 Consideration of mitigating and aggravating sentencing factors
  3. 3 Role and knowledge of the offender in the organised criminal enterprise

Ratio Decidendi

A significant term of imprisonment is required given the offender's sustained, knowing, and highly trusted role over an 18-month period, involving the organised importation of large commercial quantities of cocaine into Australia, warranting limited mitigation for remorse, rehabilitation, and prior good character but necessitating deterrence and community protection.

Court Disposition

Offender convicted and sentenced; term of imprisonment imposed with non-parole period; non-publication order made.

Orders

  • Offender convicted of the offence.
  • Term of imprisonment of 13 years to commence 12 September 2016.