R v Markwart [2019] NSWDC 937

R v Markwart [2019] NSWDC 937

The offender was the principal importer of a marketable quantity of cocaine, acting in a premeditated course of conduct, and possessing indicia consistent with trafficking, while mitigated by some demonstrated contrition and post-arrest rehabilitation activities, and a guilty plea (though late). The seriousness of the offending, general and personal deterrence, and comparative sentence authority warranted the significant custodial sentence imposed, with allowance for the plea and prospects of rehabilitation.

Parties
Crown: Regina; Offender: Jayson Markwart
Jurisdiction
Australia
Judgment Date
27 August 2020
Procedural Posture
Criminal / Sentencing Decision After Guilty Plea
Outcome
Sentenced to imprisonment
Legal Topics
Sentencing, Drug Importation, Drug Trafficking, Comparative Sentencing, Guilty Plea Discount, Personal and General Deterrence
Criminal Law Sentencing Drug Importation Drug Trafficking Comparative Sentencing Guilty Plea Discount Personal and General Deterrence

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Crown

Jayson Markwart

Offender

Procedural Posture

Criminal / Sentencing Decision After Guilty Plea

Legal Issues

  1. 1 What is the appropriate sentence for importation of a marketable quantity of a border controlled drug (cocaine)?
  2. 2 How should the court consider a related offence of trafficking in a controlled drug (MDMA) taken into account on a Form?
  3. 3 What discount is appropriate for the guilty plea and the nature/timing of the plea?

Ratio Decidendi

The offender was the principal importer of a marketable quantity of cocaine, acting in a premeditated course of conduct, and possessing indicia consistent with trafficking, while mitigated by some demonstrated contrition and post-arrest rehabilitation activities, and a guilty plea (though late). The seriousness of the offending, general and personal deterrence, and comparative sentence authority warranted the significant custodial sentence imposed, with allowance for the plea and prospects of rehabilitation.

Court Disposition

Sentenced to imprisonment

Orders

  • The offender is sentenced to seven years, eight months' imprisonment to commence on 29 March 2018.
  • Non-parole period fixed at four years, three months, expiring on 28 June 2022.