R v Dennis ESTEVEZ [2017] NSWDC 433

R v Dennis ESTEVEZ [2017] NSWDC 433

The offence was a very serious Commonwealth drug importation offence, slightly below the midrange of objective seriousness for offences under s 307.1(1), because the offender imported just over the commercial quantity threshold but did so as a trusted courier with specific knowledge, prior planning and expected financial reward. Although his subjective case was relatively good and he was allowed a total discount of about 30% to 35% for the early guilty plea and assistance, the need for general deterrence, denunciation and punishment required a substantial custodial sentence of 9 years with a 6 year non-parole period.

Jurisdiction
Australia
Judgment Date
31 October 2017
Procedural Posture
Criminal Sentence for Importing a Commercial Quantity of a Border Controlled Drug / Sentencing After Plea of Guilty in the Local Court
Outcome
Offender convicted and sentenced to imprisonment for 9 years with a non-parole period of 6 years.
Legal Topics
['import Commercial Quantity of Border Controlled Drug' 'cocaine Importation' 'objective Seriousness' 'general Deterrence' 'early Plea of Guilty' 'assistance to Authorities' 'non Parole Period']
['criminal Law' 'sentencing'] ['import Commercial Quantity of Border Controlled Drug' 'cocaine Importation' 'objective Seriousness' 'general Deterrence' 'early Plea of Guilty' 'assistance to Authorities' 'non Parole Period']

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Procedural Posture

Criminal Sentence for Importing a Commercial Quantity of a Border Controlled Drug / Sentencing After Plea of Guilty in the Local Court

Legal Issues

  1. 1 ['What sentence should be imposed for importing 2,539.3 grams of pure cocaine into Australia contrary to s 307.1(1) of the Criminal Code 1995.' "How the offender's role as a courier with specific knowledge, the quantity and value of cocaine, financial reward, drug debt, guilty plea, assistance to authorities, remorse, age, background and prospects of rehabilitation affected sentence." 'What discount should be allowed for the early guilty plea and assistance to authorities.']

Ratio Decidendi

The offence was a very serious Commonwealth drug importation offence, slightly below the midrange of objective seriousness for offences under s 307.1(1), because the offender imported just over the commercial quantity threshold but did so as a trusted courier with specific knowledge, prior planning and expected financial reward. Although his subjective case was relatively good and he was allowed a total discount of about 30% to 35% for the early guilty plea and assistance, the need for general deterrence, denunciation and punishment required a substantial custodial sentence of 9 years with a 6 year non-parole period.

Court Disposition

Offender convicted and sentenced to imprisonment for 9 years with a non-parole period of 6 years.

Orders

  • ['The offender is convicted.' 'He is sentenced to a term of imprisonment of 9 years commencing 10 November 2016, expiring 9 November 2025 with a non-parole period of 6 years commencing 10 November 2016, expiring 9 November 2022.']