R v Schwartz [2018] NSWDC 118

R v Schwartz [2018] NSWDC 118

Although the offender's established conduct was limited to tracking DHL shipments, making one telephone enquiry under a false name and passing on tracking information, he expected a substantial cash payment and his role was regarded as significant by those involved. The seriousness of two substantial cocaine importations, the need for general and specific deterrence, and his prior similar offending required imprisonment, but the sentence was reduced to reflect his earliest guilty plea, willingness to facilitate justice, custody hardships and related risks.

Jurisdiction
Australia
Judgment Date
29 March 2018
Procedural Posture
Criminal Sentencing / Sentence Following Guilty Plea
Outcome
The offender was sentenced to an effective head sentence of 6 years imprisonment with a non-parole period of 3 and a half years.
Legal Topics
['importation of Cocaine' 'commercial Quantity of Border Controlled Drug' 'general Deterrence' 'specific Deterrence' 'prior Offending' 'protective Custody' 'hardship to Third Parties' 'guilty Plea Discount']
['criminal Law' 'sentencing'] ['importation of Cocaine' 'commercial Quantity of Border Controlled Drug' 'general Deterrence' 'specific Deterrence' 'prior Offending' 'protective Custody' 'hardship to Third Parties' 'guilty Plea Discount']

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Procedural Posture

Criminal Sentencing / Sentence Following Guilty Plea

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's role in two cocaine importations into Australia." "How to assess the offender's limited but paid role in tracking DHL shipments and passing on information to others involved in the importations." "What weight should be given to the offender's prior drug importation offending and failure to take advantage of earlier leniency." "What allowance should be made for the offender's early guilty plea, facilitation of justice, custody conditions and risks associated with protective custody." "Whether hardship to the offender's mother should affect sentence."]

Ratio Decidendi

Although the offender's established conduct was limited to tracking DHL shipments, making one telephone enquiry under a false name and passing on tracking information, he expected a substantial cash payment and his role was regarded as significant by those involved. The seriousness of two substantial cocaine importations, the need for general and specific deterrence, and his prior similar offending required imprisonment, but the sentence was reduced to reflect his earliest guilty plea, willingness to facilitate justice, custody hardships and related risks.

Court Disposition

The offender was sentenced to an effective head sentence of 6 years imprisonment with a non-parole period of 3 and a half years.

Orders

  • ['For the first offence committed in 2015, a sentence of imprisonment of 4 years commencing on 2 September 2016.' 'For the second offence committed in 2016, a sentence of imprisonment of 4 years commencing on 2 September 2018.' 'The effective head sentence is 6 years.' 'A non-parole period of 3 and a half years was...