R v Keo; R v Faulkner [2014] NSWDC 312

R v Keo; R v Faulkner [2014] NSWDC 312

The sentences imposed on Faulkner and Keo reflect the seriousness of importation of commercial quantities of border controlled drugs, the major and managerial role of Faulkner, Keo's lesser but knowing involvement, and personal circumstances. Substantial but differentiated discounts were applied for guilty pleas and limited cooperation. Parity was observed relative to co-offenders' roles, with greater punishment for higher culpability. Extra-curial punishment and backgrounds were considered but did not warrant further substantial mitigation. Non-parole periods were set with regard to rehabilitation prospects and time in custody.

Parties
Prosecutor: Director of Public Prosecutions (Cth); Offender: Fafiro Keo; Offender: Benjamin James Faulkner
Jurisdiction
Australia
Judgment Date
17 October 2014
Procedural Posture
Criminal / Sentencing
Outcome
Conviction. Sentences of imprisonment imposed.
Legal Topics
Sentencing, Importation of Commercial Quantity of Drugs, Border Controlled Drugs, Cooperation With Authorities, Mitigating Factors, Objective Seriousness, Discount for Guilty Plea
Criminal Law Sentencing Importation of Commercial Quantity of Drugs Border Controlled Drugs Cooperation With Authorities Mitigating Factors Objective Seriousness Discount for Guilty Plea

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Parties

Director of Public Prosecutions (Cth)

Prosecutor

Fafiro Keo

Offender

Benjamin James Faulkner

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for importation of commercial quantities of cocaine and methamphetamine
  2. 2 Assessment of discount for cooperation and guilty plea
  3. 3 Extent of each offender's criminality and role

Ratio Decidendi

The sentences imposed on Faulkner and Keo reflect the seriousness of importation of commercial quantities of border controlled drugs, the major and managerial role of Faulkner, Keo's lesser but knowing involvement, and personal circumstances. Substantial but differentiated discounts were applied for guilty pleas and limited cooperation. Parity was observed relative to co-offenders' roles, with greater punishment for higher culpability. Extra-curial punishment and backgrounds were considered but did not warrant further substantial mitigation. Non-parole periods were set with regard to rehabilitation prospects and time in custody.

Court Disposition

Conviction. Sentences of imprisonment imposed.

Orders

  • Fafiro Keo sentenced to six years and six months imprisonment, non-parole period of three years and three months, backdated to 4 November 2011.
  • Benjamin James Faulkner sentenced to 16 years and six months imprisonment for count 2 (commencing 4 November 2011), and 19 years and six months imprisonment for count 1 (commencing 4 November 2018), with a total sentence of 26 years and six months imprisonment, and overall non-parole period of 18 years.