R v JAMES RUSSELL [2018] NSWDC 517

R v JAMES RUSSELL [2018] NSWDC 517

The offender imported 1,447.8 grams of pure cocaine into Australia for financial gain as a courier, with the quantity towards the top of the marketable range and the offence requiring general deterrence. However, his role was limited to courier conduct, he had no prior criminal record, was aged 60, showed genuine remorse and contrition, and entered an early guilty plea warranting a 25% discount. An undiscounted term of 8 years was reduced to 6 years, with a non-parole period of 3 years and 6 months backdated to 19 February 2018.

Jurisdiction
Australia
Judgment Date
19 November 2018
Procedural Posture
Criminal Sentence for Importing a Marketable Quantity of Cocaine Contrary to S 307.2(1) of the Criminal Code 1995 / Committal for Sentence Following Plea of Guilty
Outcome
The offender was sentenced to an overall term of imprisonment of 6 years with a non-parole period of 3 years and 6 months.
Legal Topics
['importing a Marketable Quantity of a Border Controlled Drug' 'cocaine' 'courier Role' 'guilty Plea Discount' 'general Deterrence' 'non Parole Period' 'foreign Offender']
['criminal Law' 'sentencing' 'drug Offences' 'commonwealth Offences'] ['importing a Marketable Quantity of a Border Controlled Drug' 'cocaine' 'courier Role' 'guilty Plea Discount' 'general Deterrence' 'non Parole Period' 'foreign Offender']

Case Brief

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Procedural Posture

Criminal Sentence for Importing a Marketable Quantity of Cocaine Contrary to S 307.2(1) of the Criminal Code 1995 / Committal for Sentence Following Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for importing a marketable quantity of cocaine into Australia.' "The objective seriousness of the offending, including the offender's role as a courier and the quantity and purity of cocaine imported." "The appropriate discount for the offender's plea of guilty." 'The appropriate non-parole period for a Commonwealth offence.']

Ratio Decidendi

The offender imported 1,447.8 grams of pure cocaine into Australia for financial gain as a courier, with the quantity towards the top of the marketable range and the offence requiring general deterrence. However, his role was limited to courier conduct, he had no prior criminal record, was aged 60, showed genuine remorse and contrition, and entered an early guilty plea warranting a 25% discount. An undiscounted term of 8 years was reduced to 6 years, with a non-parole period of 3 years and 6 months backdated to 19 February 2018.

Court Disposition

The offender was sentenced to an overall term of imprisonment of 6 years with a non-parole period of 3 years and 6 months.

Orders

  • ['The offender is sentenced to a term of imprisonment of 6 years commencing 19 February 2018, expiring 18 February 2024.' 'A non-parole period of 3 years and 6 months is set commencing 19 February 2018, expiring 18 August 2021.']