R v Raymundo Antonio ORELLANA [2009] NSWDC 433

R v Raymundo Antonio ORELLANA [2009] NSWDC 433

Full time imprisonment of eleven years, with non-parole period of six years and six months, is appropriate given the importation of a marketable quantity of cocaine very close to the commercial threshold; the amount imported is nearly two kilograms, and personal mitigating circumstances do not warrant leniency outside statutory frameworks.

Jurisdiction
Australia
Judgment Date
30 October 2009
Procedural Posture
Criminal / Sentencing After Trial Conviction
Outcome
Conviction and custodial sentence imposed.
Legal Topics
['drug Importation' 'sentencing' 'marketable Quantity' 'cocaine']
['criminal Law'] ['drug Importation' 'sentencing' 'marketable Quantity' 'cocaine']

Case Brief

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Procedural Posture

Criminal / Sentencing After Trial Conviction

Legal Issues

  1. 1 ['Appropriate sentence for importing a marketable quantity of cocaine under s 307.2(1) Criminal Code Act 1995' 'Whether the amount imported approaches commercial quantity' 'Character and personal circumstances of offender affecting sentence']

Ratio Decidendi

Full time imprisonment of eleven years, with non-parole period of six years and six months, is appropriate given the importation of a marketable quantity of cocaine very close to the commercial threshold; the amount imported is nearly two kilograms, and personal mitigating circumstances do not warrant leniency outside statutory frameworks.

Court Disposition

Conviction and custodial sentence imposed.

Orders

  • ['Imprisonment for eleven years commencing 17 November 2007, expiring 16 November 2018.' 'Non-parole period of six years and six months commencing 17 November 2007, expiring 16 May 2014.']