R v AA

[2010] NSWDC 233

CITATION:	R v AA [2010] NSWDC 233
HEARING DATE(S):	12/08/10, 17/09/10
JUDGMENT DATE:	15 October 2010
JURISDICTION:	Crime
JUDGMENT OF:	Norrish QC DCJ
DECISION:	Attempt traffic commercial quantity border controlled drug - Convicted: Sentenced to a term of imprisonment of 5 years and 6 months from 12 April 2009 and to expire on 11 October 2014. Import commercial quantity border controlled drug – Convicted: Sentenced to a term of imprisonment of 8 years and 7 months which consists of a non parole period being 4 years and 9 months to commence on 12 January 2010 and to expire on 11 November 2014.
CATCHWORDS:	CRIME - Sentencing - importing a commercial quantity of border controlled drug - attempt traffic commercial quanity border controlled drug.
LEGISLATION CITED:	Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999
CASES CITED:	R v Engert (1995) 84 A Crim R 67 R v Hemsley [2004] NSWCCA 228 Cameron v The Queen (2002) 209 CLR 239 R v Thomson and Houlton (2000) 49 NSWLR 383 R v Bugeja [2001] NSWCCA 196 R v Otto (2005) 157 A Crim R 540 R v El Hani [2004] NSWCCA 162 DPP v Sukkar [2006] NSWCCA 92 R v NP [2003] NSWCCA 195 JMS v The Queen [2010] NSWCCA 229 R v Jimmy [2010] NSWCCA 60 R v Henry (1999) 46 NSWLR 346 R v Blackburn & Walters [2001] NSWCCA 121 Yardley v Betts (1979) 22 SASR 108 Pearce v The Queen (1998) 194 CLR 610 R v Bernier (1998) 101 A Crim R 444 R v Riddell [2009] NSWCCA 96 R v XX [2009] NSW 115
PARTIES:	Regina AA
FILE NUMBER(S):	2009/00011243
COUNSEL:	Mr Y Shariff - Commonwealth Crown Ms J Ghabrial - Offender

Introduction

1 The prisoner, AA, has pleaded guilty in this court, having previously pleaded guilty at the Local Court, to a charge of importing a commercial quantity of a border controlled drug, namely cocaine, contrary to s.307.1(1) of the Commonwealth Criminal Code “on 1 April 2009 at Mascot” and a further charge of between 2 and 12 April attempting to traffic in a commercial quantity of a border controlled drug, namely cocaine, contrary to s.302.2(1) of the same Code.

2 The maximum penalty for each offence is life imprisonment and/or a fine of $825,000. The prisoner has been in custody since his arrest on 12 April 2009, although he was not charged with the current offences until 14 April 2009.

3 The evidence in this matter, including the statement of facts and the prisoners evidence, establishes that AA is a citizen of Canada, who came to Australia on 17 November 2008 for the sole purpose of “shepherding” importations of cocaine into this country, sent by other persons in Canada.

The Objective Facts

4 The current charges arise out of the fact that on 1 April 2009 an air cargo consignment consisting of four cardboard boxes arrived in Sydney from Canada on an Air Canada flight. The prisoner was described as the “consignee”, with his address details…