District Court
New South Wales
Medium Neutral Citation: R v Marquez; R v Maranon [2020] NSWDC 83 Hearing dates: 31 January 2020 Date of orders: 31 January 2020 Decision date: 31 January 2020 Jurisdiction: Criminal Before: M L Williams SC DCJ Decision: Marquez: A term of imprisonment of 5 years, with a non-parole period of 3 years: at [30].
Maranon: A term of imprisonment of 5 years, with a non-parole period of 3 years: at [30].Catchwords: CRIME — Drug offences — Commonwealth offences — Import/Export border-controlled prohibited plant or drug — Sentence by State court for offence against Commonwealth law
SENTENCING — Federal offenders — Relevant considerations
SENTENCING — Relevant factors on sentence — Character of offence — Circumstances of offence — Co-offenders — Deterrence — General and specific deterrence — Prevalence of offenceLegislation Cited: Crimes Act 1914 (Cth)
Criminal Code (Cth)Cases Cited: Chong v R [2011] NSWCCA 182
DPP (Cth) v De La Rosa [2010] NSWCCA 194
Duflaut v R [2019] NSWCCA 21
Gwardys v R [2019] NSWCCA 62
Hili v R; Jones v R (2010) 242 CLR 520
Lindsay v R [2012] NSWCCA 124
Neto v R [2016] QCA 217
R v Nguyen; R v Pham (2010) 205 A Crim R 106
R v Sutton [2013] QCA 151
Woodrum v R [2019] NSWCCA 270
Xiao v R (2018) 96 NSWLR 1
Xiao v R (2018) 96 NSWLR 1
ZZ v R [2019] NSWCCA 286Texts Cited: Nil Category: Sentence Parties: Regina (Crown)
Matias Marquez (Offender)
Alberto Maranon (Offender)Representation: Ms L Hancock (Crown)
Mr T Sphor (Solicitor for the Offender – Marquez)
Ms N Evans (Counsel for the Offender – Maranon)
File Number(s): 2019/118189; 2019/118181 Publication restriction: Nil
Judgment
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On the afternoon of Monday 15 April 2019 two, non‑English speaking Argentinian nationals arrived at Sydney Airport on QF28 from Santiago in Chile. Mr Marquez, who is 35 years old, had in his luggage a one litre bottle of Havana Club alcohol which contained 620 grams of pure cocaine. Mr Maranon, who is 25 years old, was carrying in his luggage a one litre bottle of Glenlivet scotch which contained 653 grams of pure cocaine. The Crown does not allege a joint commission of the offence between these two gentlemen even though there is evidence of contact between them prior to their arrival in Australia.
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They both pleaded guilty to one count of importing a marketable quantity of a border-controlled drug, contrary to s 307(2) of the Criminal Code (Cth), which carries a maximum penalty of 25 years imprisonment. Both of them have been in custody since their arrest on 15 April 2019.
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The task of sentencing these gentlemen has been assisted greatly by the preparation of comprehensive written submissions by the Crown and by Ms Evans, for Mr Maranon and Mr Spohr, for Mr Marquez. There is no substantive contest between the parties as to the principles to be applied or as to the applicability of a number of allegedly comparative cases in determining…
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- AGLC
- R v Marquez; R v Maranon [2020] NSWDC 83
- Case
- [2020] NSWDC 83
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court included the interpretation and application of Commonwealth drug importation laws, the relevance of the defendants' character and the circumstances of the offence, and the appropriate sentencing principles to be applied. The court had to consider the nature and gravity of the offence, the role of each defendant, and the broader societal implications of drug importation, including deterrence. The defendants argued for mitigating factors and contended that the proposed sentences were excessive.
The court, after considering the arguments and evidence, found the defendants guilty as charged. In determining the sentences, the court emphasised the serious nature of drug importation offences, the significant role each defendant played, and the need for general and specific deterrence. The court also took into account the prevalence of such offences and the need to ensure that sentences reflect the seriousness of the crimes. Ultimately, the court sentenced each defendant to a term of imprisonment of 5 years, with a non-parole period of 3 years.
The final orders of the court were that Marquez and Maranon each be imprisoned for 5 years, with a non-parole period of 3 years, reflecting the court's assessment of the gravity of the offences and the need for an appropriate punitive and deterrent response.
Orders
Orders of the court
Marquez: A term of imprisonment of 5 years, with a non-parole period of 3 years: at [30].
Maranon: A term of imprisonment of 5 years, with a non-parole period of 3 years: at [30].
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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