R (Cth) v Ender [2014] NSWDC 198

R (Cth) v Ender [2014] NSWDC 198

The offender, having imported a marketable quantity of cocaine for financial reward as a courier and pleaded guilty at the earliest opportunity, is sentenced to five years and three months imprisonment with a non-parole period of two years and seven months. Mitigating factors include his personal hardship and medical condition, which are taken into account in fixing the non-parole period, but do not warrant further leniency. Role as courier, absence of duress, and the seriousness of the offence support the imposed sentence.

Jurisdiction
Australia
Judgment Date
21 May 2014
Procedural Posture
Criminal / Sentence
Outcome
convicted and sentenced
Legal Topics
['sentencing' 'importation of Border Controlled Drugs' 'drug Courier Role' 'marketable Quantity']
['criminal Law'] ['sentencing' 'importation of Border Controlled Drugs' 'drug Courier Role' 'marketable Quantity']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['What is the appropriate sentence for importation of a marketable quantity of cocaine as a courier under s 307.2(1) of the Commonwealth Criminal Code?' "How do the offender's personal circumstances and plea of guilty impact the sentence?" "What role does the offender's medical condition play in fixing the non-parole period?"]

Ratio Decidendi

The offender, having imported a marketable quantity of cocaine for financial reward as a courier and pleaded guilty at the earliest opportunity, is sentenced to five years and three months imprisonment with a non-parole period of two years and seven months. Mitigating factors include his personal hardship and medical condition, which are taken into account in fixing the non-parole period, but do not warrant further leniency. Role as courier, absence of duress, and the seriousness of the offence support the imposed sentence.

Court Disposition

convicted and sentenced

Orders

  • ['Marco Claudio Alexander Ender is convicted for importing a marketable quantity of cocaine contrary to s 307.2(1) Commonwealth Criminal Code.' 'Sentenced to five years and three months imprisonment to commence 17 July 2013 and expire 16 October 2018.' 'Non-parole period fixed at two years and seven months,...