R v Okosi [2017] NSWDC 400

R v Okosi [2017] NSWDC 400

The offender's conduct was objectively serious because he deliberately engaged in multiple commercial drug importation and trafficking activities for financial benefit, was the principal in many transactions, used false identities and telecommunications services, dealt with proceeds of crime, and attempted to thwart authorities. His personal circumstances and psychological evidence did not explain or substantially mitigate the offending, and he had not provided practical assistance to authorities. A 20% discount was allowed for the guilty pleas as indicating contrition, remorse to an extent, and willingness to facilitate justice. Given overlap between counts and the need to avoid a...

Jurisdiction
Australia
Judgment Date
11 September 2017
Procedural Posture
Criminal Sentence for Commonwealth Offences / Sentence After Pleas of Guilty to Six Counts on Indictment
Outcome
Offender convicted on all six counts and sentenced to a total effective sentence of 13 years and six months imprisonment, with a non-parole period of nine years.
Legal Topics
['importation of Border Controlled Drugs' 'attempted Possession of Unlawfully Imported Border Controlled Drugs' 'marketable Quantity and Commercial Quantity Drug Offences' 'proceeds of Crime' 'drug Trafficking' 'false or Misleading Information to Reporting Entities' 'guilty Plea Discount' 'parity' 'non Parole Period']
['criminal Law' 'sentencing' 'commonwealth Offences'] ['importation of Border Controlled Drugs' 'attempted Possession of Unlawfully Imported Border Controlled Drugs' 'marketable Quantity and Commercial Quantity Drug Offences' 'proceeds of Crime' 'drug Trafficking' 'false or Misleading Information to Reporting Entities' 'guilty Plea Discount' 'parity' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence for Commonwealth Offences / Sentence After Pleas of Guilty to Six Counts on Indictment

Legal Issues

  1. 1 ['What sentences should be imposed for six Commonwealth offences involving cocaine and methamphetamine importation, attempted possession, proceeds of crime, trafficking, and false or misleading information to reporting entities.' "The objective seriousness of the offender's role in multiple drug consignments, including whether he was merely a courier or a principal in many transactions." "The extent to which the offender's guilty pleas, personal circumstances, psychological evidence, alleged assistance, and prospects of rehabilitation mitigated sentence." 'The degree of concurrency required to produce an appropriate total effective sentence and avoid a crushing sentence.']

Ratio Decidendi

The offender's conduct was objectively serious because he deliberately engaged in multiple commercial drug importation and trafficking activities for financial benefit, was the principal in many transactions, used false identities and telecommunications services, dealt with proceeds of crime, and attempted to thwart authorities. His personal circumstances and psychological evidence did not explain or substantially mitigate the offending, and he had not provided practical assistance to authorities. A 20% discount was allowed for the guilty pleas as indicating contrition, remorse to an extent, and willingness to facilitate justice. Given overlap between counts and the need to avoid a...

Court Disposition

Offender convicted on all six counts and sentenced to a total effective sentence of 13 years and six months imprisonment, with a non-parole period of nine years.

Orders

  • ['On count 1, convicted and sentenced to imprisonment for two years and four months commencing on 6 May 2016 and expiring on 5 September 2018.' 'On count 2, convicted and sentenced to imprisonment for seven years and two months commencing on 6 May 2018 and expiring on 5 July 2025.' 'On count 3, convicted and...