District Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Markwart [2019] NSWDC 937 Hearing dates: 15 March 2019 Date of orders: 29 March 2019 Decision date: 27 August 2020 Jurisdiction: Criminal Before: Norrish QC DCJ Decision: Sentenced to 7 years 8 months imprisonment; non-parole period 4 years 3 months.
Catchwords: Crime – sentence – import border controlled drug – cocaine – marketable value – consignments from France addressed to offender containing bottles of wine – initial denial of guilt – evidence of prior importations – course of conduct - prior conviction – long history of drug use – modest remuneration – comparative sentencing – pre-sentence custody – discount for plea of guilty - contrition
Legislation Cited: Crimes Act1914(Cth)
CriminalCode (Cth).
Drug Misuse and Trafficking Act
Cases Cited: Atanackovic v R [2015] VSCA 136
Attorney General’s Application (Number 1) (2002) 56 NSWLR 147
DPP (Cth) v De La Rosa [2010] NSWCCA 194
DPP(Cth) vGow [2015] NSWCCA 208
Hili and JonesvR [2010] HCA 45
IyohavR [2011] WASCA 46
MarkarianvR (2005) 228 CLR 357
RvAlaby [2014] VSCA 25
RvHolland [2011] NSWCCA 65
R v Olbrich [199] HCA 54; 199 CLR 270
Category: Sentence Parties: Regina (Crown)
Jayson Markwart (Offender)Representation: Counsel:
Solicitors:
Mr Gleeson (DPP)
Mr Digges (Offender)
File Number(s): 2017/00119361 Publication restriction: No
Judgment
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Mr Markwart I have to give my reasons for the order that I am going to make but I believe in telling someone in advance what sentence is to be imposed because at the end of the day you are more interested in the sentence to be imposed than the operation of s 16A of the Commonwealth Crimes Act. I propose to impose upon you a sentence of seven years, eight months imprisonment. That will date from 29 March 2018. I am required to give you a year’s credit for the time you have spent in custody including the last fortnight, and I propose in your case to fix a non‑parole period of four years three months commencing from that date and on my calculation that non‑parole period will expire on 28 June 2022. You will be eligible for release to parole subject to your appeal rights and the Crown’s appeal rights. Whether you are released to parole will be a matter for you and the Parole Authority subject to any other intervening circumstances. That is the order I propose to make but I have to give my reasons.
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Jayson Markwart appears today for sentence in respect of an offence to which he pleaded guilty on indictment on 22 October 2018. The offence he admitted to was, that he, between 6 March 2017 and about 20 April 2017 in Sydney in New South Wales, did import a substance, that substance being a border…
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- AGLC
- R v Markwart [2019] NSWDC 937
- Case
- [2019] NSWDC 937
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were the determination of the appropriate sentence for the defendant, considering the significant quantity of cocaine involved, the defendant's prior criminal history, and the principle of comparative sentencing. The court had to weigh the defendant's prior convictions, the seriousness of the current offence, and the potential deterrent effect of the sentence. Additionally, the court had to consider the defendant's remorse, the discount for a plea of guilty, and the time already spent in pre-sentence custody.
The court concluded that the defendant's actions demonstrated a clear course of conduct in attempting to import large quantities of cocaine. Despite the defendant's denial of guilt, the evidence of prior importations, combined with the defendant's long history of drug use, pointed to a serious and persistent criminal behaviour. The court recognised the defendant's remorse and the discount for the plea of guilty, but balanced these against the need for a significant deterrent sentence. Ultimately, the court sentenced the defendant to seven years and eight months imprisonment, with a non-parole period of four years and three months. This sentence reflected the gravity of the offence, the defendant's criminal history, and the need to deter similar conduct in the future.
Orders
Orders of the court
Sentenced to 7 years 8 months imprisonment; non-parole period 4 years 3 months.
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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