R (Cth) v Barnard; R (Cth) v Bishell [2021] NSWDC 400

R (Cth) v Barnard; R (Cth) v Bishell [2021] NSWDC 400

Barnard knew from the outset he was setting out to collect methamphetamine in a commercial importation; his role as master was essential and critical. Bishell acted as deckhand, reckless and vulnerable due to personal circumstances, knowing he was involved in an illegal enterprise. Both were entitled to significant utilitarian discount for early plea. Barnard's culpability was greater; Bishell's state of mind and harsher custodial experience mitigated his sentence. Sentences imposed balanced severe punishment for deterrence with mitigation for personal circumstances.

Jurisdiction
Australia
Judgment Date
15 July 2021
Procedural Posture
Criminal / Sentence
Outcome
Barnard: convicted and sentenced to 16 years 6 months imprisonment (NPP 11 years); Bishell: convicted and sentenced to 7 years 6 months imprisonment (NPP 4 years 6 months).
Legal Topics
['attempted Importation' 'border Controlled Drug' 'methamphetamine' 'commercial Quantity' 'sentencing']
['criminal Law'] ['attempted Importation' 'border Controlled Drug' 'methamphetamine' 'commercial Quantity' 'sentencing']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for attempted importation of a commercial quantity of methamphetamine.' 'Assessment of knowledge and culpability of offenders regarding type and amount of drug.' 'Effect of personal circumstances and psychiatric factors on sentence mitigation.']

Ratio Decidendi

Barnard knew from the outset he was setting out to collect methamphetamine in a commercial importation; his role as master was essential and critical. Bishell acted as deckhand, reckless and vulnerable due to personal circumstances, knowing he was involved in an illegal enterprise. Both were entitled to significant utilitarian discount for early plea. Barnard's culpability was greater; Bishell's state of mind and harsher custodial experience mitigated his sentence. Sentences imposed balanced severe punishment for deterrence with mitigation for personal circumstances.

Court Disposition

Barnard: convicted and sentenced to 16 years 6 months imprisonment (NPP 11 years); Bishell: convicted and sentenced to 7 years 6 months imprisonment (NPP 4 years 6 months).

Orders

  • ['Sebastian Seve Barnard convicted and sentenced to 16 years 6 months imprisonment, commencing 18 April 2020, non-parole period of 11 years expiring 17 April 2031.' 'Mark Robert Andrew Bishell convicted and sentenced to 7 years 6 months imprisonment, commencing 18 April 2020, non-parole period of 4 years 6 months...