Regina v Kalvin Eugene Cressel [2017] NSWDC 272

Regina v Kalvin Eugene Cressel [2017] NSWDC 272

The offender's importation offences were objectively serious, planned and premeditated, involved an important and essential role in bringing substantial quantities of cocaine into Australia, and required strong general deterrence, some specific deterrence and denunciation. Although the offender had no prior convictions, showed genuine remorse, had good prospects of rehabilitation, pleaded guilty and assisted authorities, no sentence other than imprisonment was appropriate. A combined 35% discount was allowed, comprising 25% for the pleas of guilty and 10% for assistance given.

Jurisdiction
Australia
Judgment Date
06 October 2017
Procedural Posture
Criminal Sentence / Sentence After Pleas of Guilty in the Local Court to Importing a Commercial Quantity of a Border Controlled Drug and Importing a Marketable Quantity of a Border Controlled Drug
Outcome
The offender was convicted and sentenced to imprisonment with a single non-parole period.
Legal Topics
['import Commercial Quantity Border Controlled Drug' 'import Marketable Quantity Border Controlled Drug' 'cocaine' 'plea of Guilty' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'remorse and Contrition' 'assistance to Authorities' 'rehabilitation' 'non Parole Period']
['criminal Law' 'sentencing' 'drug Offences'] ['import Commercial Quantity Border Controlled Drug' 'import Marketable Quantity Border Controlled Drug' 'cocaine' 'plea of Guilty' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'remorse and Contrition' 'assistance to Authorities' 'rehabilitation' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Pleas of Guilty in the Local Court to Importing a Commercial Quantity of a Border Controlled Drug and Importing a Marketable Quantity of a Border Controlled Drug

Legal Issues

  1. 1 ["What sentence was of a severity appropriate in all the circumstances for the offender's federal drug importation offences." 'Whether imprisonment was the only appropriate sentence after considering all other available sentences.' "What allowance should be made for the offender's pleas of guilty and assistance to authorities." 'How the objective seriousness of the importations and the need for general and specific deterrence should affect sentence.']

Ratio Decidendi

The offender's importation offences were objectively serious, planned and premeditated, involved an important and essential role in bringing substantial quantities of cocaine into Australia, and required strong general deterrence, some specific deterrence and denunciation. Although the offender had no prior convictions, showed genuine remorse, had good prospects of rehabilitation, pleaded guilty and assisted authorities, no sentence other than imprisonment was appropriate. A combined 35% discount was allowed, comprising 25% for the pleas of guilty and 10% for assistance given.

Court Disposition

The offender was convicted and sentenced to imprisonment with a single non-parole period.

Orders

  • ['The offender is convicted.' 'For the marketable quantity offence the offender is sentenced to imprisonment for 6 years and 6 months to date from 29 April 2016 and expiring on 28 October 2022.' 'For the commercial quantity offence the offender is sentenced to imprisonment for 9 years to date from 29 April 2017 and...