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[2022] NSWDC 416
District Court of NSW
2022-07-29
Original judgment source is linked above.
ffences - Do an act with intent to pervert the course of justice Legislation Cited: Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Attorney General's Application under s 37 Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 546 Bugmy v The Queen (1990) 169 CLR 525 Cameron v The Queen (2002) 209 CLR 339 Danial v R [2008] NSWCCA 15 Deakin v The Queen (1984) 58 ALJR 367 Hili v The Queen (2010) 242 CLR 520 Johnson v The Queen (2004) 78 ALJR 616 Power v The Queen (1974) 131 CLR 623 R v El Karhani (1990) 21 NSWLR 370 R v Lamella [2014] NSWCCA 122 R v Nguyen (2010) 205 A Crim R 106 R v Olbrich (1999) 199 CLR 270 Xiao v R (2018) 96 NSWLR 1 Category: Sentence Parties: Regina Levi Russell (Offender) Representation: Counsel: D Staehli SC with B Anniwell (Commonwealth Director of Public Prosecutions) L Johnston (Commissioner of Police) D Dalton SC with D McCallum (Offender)
Solicitors: Commonwealth Director of Public Prosecutions Crown Solicitor for NSW (Commissioner of Police) Sage Solicitors (Offender) File Number(s): 2018/239104 2019/174951 Publication restriction: None
Judgment
Approach to Sentencing
Federal offences
State offence
Facts
Count 1 - Attempt to possess a commercial quantity of border controlled drug
s 16BA schedule offence attaching to Count 1 - deal with money believed to be the proceeds of crime with a value of greater than $100,000
Count 2 - Import a commercial quantity of border controlled drug
s 16BA schedule offence attaching to Count 2 - attempt to pervert the course of justice
Count 3 - Supply prohibited drug
Count 4 - Supply prohibited drug
Form 1 offence attaching to Count 4
Count 5 - Supply prohibited drug
Count 6 - Supply prohibited drug
Count 7 - knowingly participate in the supply of a commercial quantity of prohibited drug
Count 8 - Conspiracy to import a commercial quantity of border controlled drug
Witness A's involvement
Witness B's involvement
Witness C's involvement
Interception of consignments by the ABF
Discussions between the conspirators
The Offender's Case on Sentence
Dr Pulman's report
The nature and circumstances of the Federal offences
Count 1
s 16BA schedule offence
Count 2
s 16BA schedule offence
Count 8
The objective seriousness of the State offences - Counts 3-7
Aggravating factors for the State offences
Contrition and remorse
Deterrence
Character, antecedents, age, physical and mental condition
Prospects of rehabilitation
Comparable sentences
Presentence custody
s 16BA schedule and Form 1 offences
Setting the non-parole periods
Penalty
Aggregate sentence for the State offences
Aggregate sentence for the Federal offences
Explanation of the Sentence Imposed
DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 16 September 2022
R
Russell
(2002) 56 NSWLR 546
(1990) 169 CLR 525
(2002) 209 CLR 339
(1984) 58 ALJR 367
(2010) 242 CLR 520
(2004) 78 ALJR 616
(1974) 131 CLR 623
(1990) 21 NSWLR 370
(1999) 199 CLR 270
(2018) 96 NSWLR 1