R v Claro

[2019] NSWDC 886

District Court

New South Wales

Medium Neutral Citation:	R v Claro [2019] NSWDC 886
Hearing dates:	25 November 2019
Date of orders:	25 November 2019
Decision date:	25 November 2019
Jurisdiction:	Criminal
Before:	Wilson SC DCJ
Decision:	Full time custodial sentence. At [56] – [57]
Catchwords:	CRIME – sentencing – importing commercial quantity of Border Controlled Drugs – cocaine
Legislation Cited:	Crimes Act 1914 (Cth) s 16A Criminal Code 1995 (Cth) s 307.1
Cases Cited:	Director of Public Prosecutions (Cth) v Gow [2015] NSWCCA 208 Hili v The Queen [2010] HCA 45 R v Thomson and Houlton (2000) 49 NSWLR 383
Texts Cited:	None
Category:	Sentence
Parties:	Regina (Crown) Carlos Claro (Offender)
Representation:	Counsel: K Averre (Offender)   Solicitors: CDPP (Crown)
File Number(s):	2019/00033858
Publication restriction:	None

Judgment

1. The Offender appears before the Court today for sentence in relation to a single charge, pursuant to s307.1(1) of the Criminal Code (Cth). That is, on 31 January 2019, he imported a commercial quantity of border controlled drugs, namely cocaine, being 4 kilograms gross and 3.26 kilograms pure. That offence carries a maximum penalty of life imprisonment and/or 7,500 penalty units.

2. The maximum penalty represents Parliament’s assessment and the community’s regard for the seriousness of the offending. There is no doubt that offending of this type is serious, and brings to this country all types and manner of problems of a social and other nature which calls for deterrence.

3. The offending occurred on 31 January 2019, and the Offender was arrested the same day. He has been in custody since that time, for a period of 298 days as at today.

4. There is reference in Exhibit A to a co-Offender who, I assume, has pleaded not guilty and her trial is listed for next April. No issues of parity therefore arise for my consideration today.

5. In terms of the facts relating to the offending, the Agreed Statement of Facts set out in Exhibit A provides as follows.

6. The Offender, a Brazilian national, arrived in Australia on 31 January 2019 on a flight from Qatar. The Offender had two suitcases. Secreted in the linings of those suitcases was a total of 3.26 kilograms of cocaine.

7. He travelled to Australia on a tourist visa. The Offender was travelling with his girlfriend, a Ms Pazzianotto, who is in fact a co-Offender to be tried next April.

8. At about 6.25am on that day, the Offender presented his Brazilian passport and an Incoming Passenger Card (IPC) to the Australian Border Force (ABF) Officer. On the IPC he declared that he was not bringing into Australia “Goods that may be prohibited or subject to restrictions, such as medicines, steroids, firearms, weapons of any kind, or illicit drugs”.

9. After passing through immigration the Offender collected two suitcases, one Tourister brand suitcase and one Delsey brand suitcase, from the baggage carousel and walked towards the secondary examination area in the baggage hall, where he was approached by an ABF Officer. He was escorted to the examination area where he…