R v ROBLERO [2015] NSWDC 310

R v ROBLERO [2015] NSWDC 310

The offender, as a courier for a commercial quantity importation of methamphetamine, was found to have a limited role but significant objective seriousness. Non-exculpatory duress was not established on balance, but some pressure was possible. A starting sentence of eight years and six months was reduced to seven years and two months (with a 15% discount) in recognition of the guilty plea and some cooperation, with a non-parole period of four years and two months, taking into account subjective features, prospects of rehabilitation, and legislative requirements for Commonwealth drug offences.

Jurisdiction
Australia
Judgment Date
02 April 2015
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced to imprisonment
Legal Topics
['drug Importation' 'sentencing' 'non Exculpatory Duress']
['criminal Law'] ['drug Importation' 'sentencing' 'non Exculpatory Duress']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for importation of commercial quantity of methamphetamine under Commonwealth law' 'Whether non-exculpatory duress operated as a mitigating factor' 'Assessment of subjective factors in sentencing, including cooperation with authorities']

Ratio Decidendi

The offender, as a courier for a commercial quantity importation of methamphetamine, was found to have a limited role but significant objective seriousness. Non-exculpatory duress was not established on balance, but some pressure was possible. A starting sentence of eight years and six months was reduced to seven years and two months (with a 15% discount) in recognition of the guilty plea and some cooperation, with a non-parole period of four years and two months, taking into account subjective features, prospects of rehabilitation, and legislative requirements for Commonwealth drug offences.

Court Disposition

Convicted and sentenced to imprisonment

Orders

  • ['Offender convicted and sentenced to seven years and two months imprisonment, commencing 2 January 2014 and expiring 1 March 2021.' 'Non-parole period of four years and two months, commencing 2 January 2014 and expiring 1 March 2018.']