R v Bittencourt-Silva [2019] NSWDC 80

R v Bittencourt-Silva [2019] NSWDC 80

A custodial sentence of five years and eight months (with a non-parole period of two years and ten months) is appropriate for the importation of a commercial quantity of cocaine by an offender who acted as a low-level courier, pled guilty, expressed remorse, and had no relevant priors, with mitigating factors granted but with the necessity to enforce general and specific deterrence for such offences.

Jurisdiction
Australia
Judgment Date
31 January 2019
Procedural Posture
Criminal / Sentencing
Outcome
Offender convicted and sentenced to imprisonment.
Legal Topics
['sentencing' 'importation of Border Controlled Drugs' 'cocaine' 'guilty Plea' 'remorse' 'financial Gain' 'general Deterrence' 'specific Deterrence']
['criminal Law'] ['sentencing' 'importation of Border Controlled Drugs' 'cocaine' 'guilty Plea' 'remorse' 'financial Gain' 'general Deterrence' 'specific Deterrence']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for importing a commercial quantity of a border controlled drug (s 307(1) Criminal Code (Cth))' "Consideration of offender's role as courier and mitigating factors" 'Weight to be given to guilty plea, remorse, good character, and hardship of imprisonment in Australia']

Ratio Decidendi

A custodial sentence of five years and eight months (with a non-parole period of two years and ten months) is appropriate for the importation of a commercial quantity of cocaine by an offender who acted as a low-level courier, pled guilty, expressed remorse, and had no relevant priors, with mitigating factors granted but with the necessity to enforce general and specific deterrence for such offences.

Court Disposition

Offender convicted and sentenced to imprisonment.

Orders

  • ['The offender is convicted of the offence.' 'The offender is sentenced to imprisonment for five years and eight months to commence on 26 February 2018 and expiring 25 October 2023.' 'A non-parole period of two years and ten months expiring 25 December 2020.']