R v Luiz Diego Mouzinho de Lima [2020] NSWDC 249

R v Luiz Diego Mouzinho de Lima [2020] NSWDC 249

Having regard to the offender's role, the duration of involvement, the type, quantity and purity of the cocaine, and the fact that the conduct was for financial gain, the offence was serious and fell just below the mid-range for an offence of this type. The offender's early guilty plea, genuine remorse, prior good character, low risk of recidivism, excellent prospects of rehabilitation and onerous custody conditions warranted mitigation including a 25% reduction, but general deterrence and denunciation required a sentence of full time imprisonment.

Jurisdiction
Australia
Judgment Date
28 May 2020
Procedural Posture
Criminal Sentence for Importing a Marketable Quantity of a Border Controlled Drug Contrary to Section 307.2(1) of the Commonwealth Criminal Code / Sentence After Guilty Plea
Outcome
The offender was convicted and sentenced to a term of 7 years imprisonment with a non-parole period of 4 years.
Legal Topics
['importing a Marketable Quantity of a Border Controlled Drug' 'cocaine' 'guilty Plea' 'objective Seriousness' 'general Deterrence' 'remorse' 'prior Good Character' 'rehabilitation' 'full Time Imprisonment']
['criminal Law' 'sentencing' 'commonwealth Drug Offences'] ['importing a Marketable Quantity of a Border Controlled Drug' 'cocaine' 'guilty Plea' 'objective Seriousness' 'general Deterrence' 'remorse' 'prior Good Character' 'rehabilitation' 'full Time Imprisonment']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence for Importing a Marketable Quantity of a Border Controlled Drug Contrary to Section 307.2(1) of the Commonwealth Criminal Code / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for importing 904.3g of pure cocaine in two consignments' "How the offender's role, duration of involvement, financial gain, quantity and purity of the drug affected objective seriousness" 'What allowance should be made for the early guilty plea, remorse, prior good character, low risk of recidivism and prospects of rehabilitation' 'Whether only full time imprisonment was appropriate']

Ratio Decidendi

Having regard to the offender's role, the duration of involvement, the type, quantity and purity of the cocaine, and the fact that the conduct was for financial gain, the offence was serious and fell just below the mid-range for an offence of this type. The offender's early guilty plea, genuine remorse, prior good character, low risk of recidivism, excellent prospects of rehabilitation and onerous custody conditions warranted mitigation including a 25% reduction, but general deterrence and denunciation required a sentence of full time imprisonment.

Court Disposition

The offender was convicted and sentenced to a term of 7 years imprisonment with a non-parole period of 4 years.

Orders

  • ['The offender is convicted.' 'The sentence is backdated to commence on 10 May 2019.' 'The offender is sentenced to a term of 7 years with a non-parole period of 4 years.' 'The offender will be eligible for release to parole on 9 May 2023.' 'The term will expire on 9 May 2026.']