R v Edo SAPUTRA [2009] NSWDC 239

R v Edo SAPUTRA [2009] NSWDC 239

The offender deliberately imported 83.3 grams of pure methamphetamine into Australia as a principal importer, not merely a courier, with mixed motives of personal use and commercial profit. Given the marketable quantity, high purity, value of the drugs, concealment, prior drug-related convictions, limited contrition and need for general and personal deterrence, only full-time custody was appropriate. The late guilty plea warranted a 10% discount, producing a sentence of 8 years with a non-parole period of 5 years and 2 months and an additional term of 27 months.

Jurisdiction
Australia
Judgment Date
11 September 2009
Procedural Posture
Criminal Sentencing for Importation of a Marketable Quantity of Methamphetamine Under S 307.2(1) of the Criminal Code (commonwealth) / Sentence After Plea of Guilty
Outcome
The offender was sentenced to imprisonment with a non-parole period of 5 years and 2 months and an additional term of 27 months.
Legal Topics
['importation of Border Controlled Drug' 'methamphetamine' 'marketable Quantity' 'guilty Plea Discount' 'general and Personal Deterrence' 'non Parole Period' 'parole Conditions']
['criminal Law' 'sentencing' 'drug Importation'] ['importation of Border Controlled Drug' 'methamphetamine' 'marketable Quantity' 'guilty Plea Discount' 'general and Personal Deterrence' 'non Parole Period' 'parole Conditions']

Case Brief

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Procedural Posture

Criminal Sentencing for Importation of a Marketable Quantity of Methamphetamine Under S 307.2(1) of the Criminal Code (commonwealth) / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What sentence was appropriate for importing a marketable quantity of methamphetamine into Australia.' 'Whether the offender acted as a principal importer rather than merely as a courier or intermediary.' 'The significance of the quantity, purity and value of the methamphetamine imported.' 'The extent to which the importation was motivated by personal use or commercial profit.' 'What discount should be allowed for the late guilty plea.' 'What non-parole period and parole conditions should be imposed.']

Ratio Decidendi

The offender deliberately imported 83.3 grams of pure methamphetamine into Australia as a principal importer, not merely a courier, with mixed motives of personal use and commercial profit. Given the marketable quantity, high purity, value of the drugs, concealment, prior drug-related convictions, limited contrition and need for general and personal deterrence, only full-time custody was appropriate. The late guilty plea warranted a 10% discount, producing a sentence of 8 years with a non-parole period of 5 years and 2 months and an additional term of 27 months.

Court Disposition

The offender was sentenced to imprisonment with a non-parole period of 5 years and 2 months and an additional term of 27 months.

Orders

  • ['The offender is sentenced to a term of non-parole imprisonment of 5 years and 2 months commencing on 20 August 2008 and expiring on 19 October 2013.' 'The offender is sentenced to an additional term of 27 months expiring on 19 January 2016.' 'The offender is to be released to parole on 19 October 2013.' 'On...