R v Calason [2022] NSWDC 544

R v Calason [2022] NSWDC 544

The offender used his FedEx courier position to facilitate the importation and provided information that assisted planning, but he was not a senior organisational participant; he generally took directions, did not recruit or direct others, and the quantity, while significant, was towards the lower order of offences of this kind. Taking into account the s 16BA offence, the need for deterrence and adequate punishment, the offender's early guilty plea warranting a 25% discount, contrition, absence of criminal record, hardship in custody, and good rehabilitation prospects, the appropriate starting point was eight years, reduced to six years imprisonment with a four-year non-parole period.

Jurisdiction
Australia
Judgment Date
28 October 2022
Procedural Posture
Criminal Sentencing / Sentence Following Guilty Plea to Importing a Marketable Quantity of a Border Controlled Drug, With a Further Offence Taken Into Account Under S 16 BA of the Crimes Act 1914
Outcome
Offender convicted and sentenced to six years imprisonment with a non-parole period of four years, backdated to commence on 7 June 2021.
Legal Topics
['importation of a Marketable Quantity of a Border Controlled Drug' 'joint Commission' 'section 16 BA Schedule' 'general Deterrence' 'guilty Plea Discount' 'drug Importation Sentencing']
['criminal Law' 'sentencing' 'commonwealth Offences'] ['importation of a Marketable Quantity of a Border Controlled Drug' 'joint Commission' 'section 16 BA Schedule' 'general Deterrence' 'guilty Plea Discount' 'drug Importation Sentencing']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence Following Guilty Plea to Importing a Marketable Quantity of a Border Controlled Drug, With a Further Offence Taken Into Account Under S 16 BA of the Crimes Act 1914

Legal Issues

  1. 1 ["What sentence was appropriate for the offender's guilty plea to importing a marketable quantity of cocaine contrary to s 307.2(1) and s 11.2A(1) of the Criminal Code (Cth)." 'What effect should be given to the further scheduled offence of attempting to import a marketable quantity of a border-controlled drug under s 16BA of the Crimes Act 1914.' "How the offender's role, objective seriousness, guilty plea, contrition, rehabilitation, absence of prior criminal history, hardship in custody, and need for deterrence should affect sentence."]

Ratio Decidendi

The offender used his FedEx courier position to facilitate the importation and provided information that assisted planning, but he was not a senior organisational participant; he generally took directions, did not recruit or direct others, and the quantity, while significant, was towards the lower order of offences of this kind. Taking into account the s 16BA offence, the need for deterrence and adequate punishment, the offender's early guilty plea warranting a 25% discount, contrition, absence of criminal record, hardship in custody, and good rehabilitation prospects, the appropriate starting point was eight years, reduced to six years imprisonment with a four-year non-parole period.

Court Disposition

Offender convicted and sentenced to six years imprisonment with a non-parole period of four years, backdated to commence on 7 June 2021.

Orders

  • ['In respect of the offence to which the offender has pleaded guilty he is convicted.' 'The offender is sentenced to a sentence of six years imprisonment with a non-parole period of four years.' 'The non-parole period will commence on 7 June 2021 and expire on 6 June 2025.' 'The balance of the sentence will expire...