District Court
New South Wales
Medium Neutral Citation: R v Campbell [2024] NSWDC 147 Hearing dates: 15 March 2024 Date of orders: 3 May 2024 Decision date: 03 May 2024 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time imprisonment. For orders see [176]
Catchwords: CRIME – Sentence – Conspiracy to possess a commercial quantity of a border-controlled drug
Legislation Cited: Crimes Act 1914 (Cth)
Criminal Code Act 1995 (Cth)
Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
El-Ghourani v R [2009] NSWCCA 140; 195 A Crim R 208
Elias v The Queen (2013) 248 CLR 483; [2013] HCA 31
Green v The Queen (2011) 244 CLR 462; [2011] HCA 49
Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45
Milenkovski v The State of Western Australia (2014) 46 WAR 324; [2014] WASCA 48
Moodie v R [2020] NSWCCA 160; 284 A Crim R 87
R (Cth) v Cheung; R (Cth) v Choi [2010] NSWCCA 244; 203 A Crim R 398
R v DW [2012] NSWCCA 66; 221 A Crim R 63
R v Nguyen; R v Pham [2010] NSWCCA 238; 205 A Crim R 106
R v Pham (2015) 256 CLR 550; [2015] HCA 39
Taysavang v R; Lee v R [2017] NSWCCA 146
Tepania v R [2018] NSWCCA 247; 275 A Crim R 233
Tiknius v R [2011] NSWCCA 215; 221 A Crim 365
Totaan v R (2022) 108 NSWLR 17; [2022] NSWCCA 75
Tyler v the Queen; R v Chalmers [2007] NSWCCA 247; 173 A Crim R 458
Category: Sentence Parties: David Edward John Campbell (the offender)
Commonwealth Director of Public Prosecutions (the Crown)Representation: Counsel:
Solicitors:
Mr A Williams (the offender)
Mr S Flood and Mr M Varley (the Crown)
Ms N Anastasiou (the offender)
Ms M Dodson (the Crown)
File Number(s): 2018/17350 Publication restriction: Nil.
REMARKS ON SENTENCE
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On 8 May 2023 the offender pleaded not guilty to the following two Counts on the Indictment:-
Between about 18 January 2017 and about 24 October 2017, at Sydney in the State of New South Wales and elsewhere, did conspire with each other, Rohan Peter Arnold and divers others to import a substance, the substance being a border-controlled drug, namely cocaine, and the quantity being a commercial quantity.
Between about 24 October 2017 and about 16 January 2018 at Sydney in the State of New South Wales and elsewhere, did conspire with each other, Rohan Peter Arnold and divers others to possess a substance, the substance being a border-controlled drug, namely cocaine, and the quantity being a commercial quantity, and the substance having been unlawfully imported.
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On 1 August 2023, following a trial by jury, the offender was acquitted of Count…
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- AGLC
- R v Campbell [2024] NSWDC 147
- Case
- [2024] NSWDC 147
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included the determination of an appropriate sentence for the offence of conspiracy to possess a commercial quantity of a border-controlled drug, and the consideration of various factors that could influence the sentence, such as the defendant's criminal history, the circumstances of the offence, and the impact of the offence on the community. The court was required to balance the principles of deterrence, retribution, and rehabilitation in arriving at a just outcome. The court also needed to consider whether there were any mitigating or aggravating factors that should be taken into account in sentencing.
In delivering the judgment, the court emphasised the seriousness of the offence, noting the substantial quantity of the drug involved and the potential harm to the community. The court considered Campbell's criminal history and the fact that this was not his first offence involving drugs. The court also acknowledged that Campbell had expressed remorse and had shown some cooperation with law enforcement. However, the court found that the gravity of the offence and the need for deterrence outweighed the mitigating factors. The court ultimately decided that a term of full-time imprisonment was necessary to adequately address the offence and to serve the interests of justice.
The court ordered that Campbell be subject to full-time imprisonment. The specific details of the sentence, including the length of the imprisonment, were outlined in the judgment at paragraph [176]. This decision reflects the court's determination to impose a sentence that is commensurate with the seriousness of the offence and the need to protect the community from the harms associated with drug trafficking.
Orders
Orders of the court
Full-time imprisonment. For orders see [176]
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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