R v Sylla ROBILLARD [2007] NSWDC 115

R v Sylla ROBILLARD [2007] NSWDC 115

Because the offender imported a substantial marketable quantity of cocaine into Australia, failed to establish his claimed altruistic motivation, was not shown to be a principal, and was entitled to limited mitigation for his early guilty plea, lack of prior convictions, foreign custody hardship, family separation and rehabilitation prospects, a significant custodial sentence of seven and a half years with a four and a half year non-parole period was required.

Jurisdiction
Australia
Judgment Date
11 May 2007
Procedural Posture
Criminal Sentence for Importing a Border Controlled Drug, Namely Cocaine, at a Marketable Quantity / Sentence Following Guilty Plea at the Earliest Opportunity
Outcome
Offender sentenced to imprisonment with a non-parole period of four and a half years and a head sentence of seven and a half years, commencing on 7 December 2006, with eligibility for release to parole on 6 June 2011.
Legal Topics
['importation of a Border Controlled Drug' 'cocaine' 'marketable Quantity' 'guilty Plea' 'general Deterrence' 'foreign Prisoner Hardship' 'rehabilitation']
['criminal Law' 'sentencing'] ['importation of a Border Controlled Drug' 'cocaine' 'marketable Quantity' 'guilty Plea' 'general Deterrence' 'foreign Prisoner Hardship' 'rehabilitation']

Case Brief

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Procedural Posture

Criminal Sentence for Importing a Border Controlled Drug, Namely Cocaine, at a Marketable Quantity / Sentence Following Guilty Plea at the Earliest Opportunity

Legal Issues

  1. 1 ['What sentence should be imposed for importing a marketable quantity of cocaine into Australia' 'Whether the offender established mitigating circumstances for his claimed motivation to protect a friend' 'How to take into account the offender serving a sentence in a foreign country, separation from family, lack of prior convictions, guilty plea and prospects of rehabilitation']

Ratio Decidendi

Because the offender imported a substantial marketable quantity of cocaine into Australia, failed to establish his claimed altruistic motivation, was not shown to be a principal, and was entitled to limited mitigation for his early guilty plea, lack of prior convictions, foreign custody hardship, family separation and rehabilitation prospects, a significant custodial sentence of seven and a half years with a four and a half year non-parole period was required.

Court Disposition

Offender sentenced to imprisonment with a non-parole period of four and a half years and a head sentence of seven and a half years, commencing on 7 December 2006, with eligibility for release to parole on 6 June 2011.

Orders

  • ['Sylla Robillard is sentenced to imprisonment for a non-parole period of four and a half years.' 'The head sentence is seven and a half years.' 'The sentence commenced on 7 December 2006.' 'The offender is eligible to be released to parole on 6 June 2011.']