R v Demas

[2025] NSWDC 439

District Court

New South Wales

Medium Neutral Citation:

R v Demas [2025] NSWDC 439

Hearing dates:

17 September 2025

Decision date:

26 September 2025

Jurisdiction:

Criminal

Before:

P Wass SC DCJ

Decision:

See [50] – [52]

Catchwords:

SENTENCING — Commonwealth crime — Drug offence — Importation of a commercial quantity of a border-controlled drug — Maximum penalty of life imprisonment — Offender attacked in custody

Legislation Cited:

Crimes Act 1914 (Cth)
Criminal CodeAct 1995 (Cth)

Cases Cited:

Boulette v R [2024] NSWCCA 217

R v Gambier [2009] QA 138

Category:

Principal judgment

Parties:

Rex (Crown)
Sarah Nicole Demas (Offender)

Representation:

Counsel:
Mr B Scard (Solicitor Advocate) (Crown)
Mr A Faro (Offender)

Solicitors:
Commonwealth Director of Public Prosecutions (Crown)
Legal NSW (Offender)

File Number(s):

2024/129826

JUDGMENT

Offence

1. The offender is to be sentenced for one offence under s 307.1(1) of the Criminal CodeAct 1995 (Cth) for that on 8 April 2024, she imported a commercial quantity of methylamphetamine into Australia. That offence carries a maximum term of imprisonment for life.

2. I am required to impose a sentence that is of a severity appropriate in all of the circumstances that are known, and taking into account in particular, although it is not an exhaustive list, the matters in s 16A(2) of the Crimes Act 1914 (Cth).

Plea Discount

3. The offender pleaded guilty in the Downing Centre Local Court. I have given her a 25 percent discount for her plea, for its utilitarian value and facilitation of the course of justice. It is also further evidence of her remorse for her offending.

Facts

4. The facts are set out as part of Exhibit 1, which are incorporated by reference. What follows are the relevant matters considered on sentence.

5. On 8 April 2024, the offender flew into Sydney from Dallas.

6. Australian Border Force officials examined her luggage at the airport and found 14 bottles of purportedly cosmetic products, which in fact contained 5.63 kilograms of a substance that contained methylamphetamine. The purity of the drug was about 40 percent, such that the seizure had a total pure weight of 2.25 kilograms.

7. The commercial quantity of methylamphetamine commences at 750 grams. The offender imported therefore about three times the commercial quantity. However, there is no upper limit to the commercial range and so the offence contemplates extremely large and sophisticated importations.    

8. The offender had two phones, both of which revealed communications in relation to her travel.

9. In the days prior to her departure, the offender sent some messages. Relevantly, they reveal the following:

1. That the offender felt depressed and expressed self-harm and unhappiness.

2. That the offender needed money for her role in the importation to secure an apartment.

3. That the offender was aware of Australia’s strict drug control laws, but was convinced that she looked innocent.

4. That the offender would be paid $10,000, minus the cost of flights, hotels and other expenses.

5. That at the time, the offender had no cash at all and would not be paid until she returned. She was…