R v XY [2015] NSWDC 28

R v XY [2015] NSWDC 28

The offender was not a principal but had a substantial, senior, critical and central role as the largely unsupervised Australian operative in a sophisticated and highly organised importation of over 49 kilograms pure heroin. He knew a large quantity of drugs was involved, acted for financial reward, and general deterrence required a lengthy custodial sentence. His early guilty plea warranted a 20% discount, but his cooperation warranted only a further 5% because he alerted senior syndicate members, derived payment benefits during the controlled operation, did not provide full information, and the assistance led to no further arrests. A total effective sentence of 15 years with a...

Jurisdiction
Australia
Judgment Date
12 March 2015
Procedural Posture
Sentence / Sentence Hearing After Guilty Plea
Outcome
Full time custodial sentence imposed.
Legal Topics
['importation of Commercial Quantity of Heroin' 'border Controlled Drugs' 'federal Sentencing' 'cooperation With Law Enforcement' 'early Guilty Plea' "concurrent Sentence for Possession of False Driver's Licence"]
['criminal Law' 'sentencing' 'drug Offences'] ['importation of Commercial Quantity of Heroin' 'border Controlled Drugs' 'federal Sentencing' 'cooperation With Law Enforcement' 'early Guilty Plea' "concurrent Sentence for Possession of False Driver's Licence"]

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Procedural Posture

Sentence / Sentence Hearing After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for importing a commercial quantity of heroin contrary to s 307.1(1) of the Criminal Code (Cth).' 'What role and level of involvement the offender had in the importation enterprise.' "What discount should be allowed for the offender's guilty plea." "What weight should be given to the offender's cooperation with the AFP after arrest." 'Whether the possession of property offence under s 527C(1)(a) of the Crimes Act 1900 (NSW) should be dealt with concurrently.']

Ratio Decidendi

The offender was not a principal but had a substantial, senior, critical and central role as the largely unsupervised Australian operative in a sophisticated and highly organised importation of over 49 kilograms pure heroin. He knew a large quantity of drugs was involved, acted for financial reward, and general deterrence required a lengthy custodial sentence. His early guilty plea warranted a 20% discount, but his cooperation warranted only a further 5% because he alerted senior syndicate members, derived payment benefits during the controlled operation, did not provide full information, and the assistance led to no further arrests. A total effective sentence of 15 years with a...

Court Disposition

Full time custodial sentence imposed.

Orders

  • ['XY is convicted of the offence pursuant to s 307.1(1) of the Criminal Code (Cth) of importing a commercial quantity of border control drug, namely heroin, between 10 March 2013 and 22 June 2013 at Sydney, New South Wales.' 'For that offence, XY is sentenced to imprisonment for 15 years commencing on 22 June 2013...