R v Meggett - [1999] NSWSC 606

Reported Decision: 107 A Crim R 257

New South Wales

Supreme Court

CITATION: R v Meggett [1999] NSWSC 606

CURRENT JURISDICTION: Criminal

FILE NUMBER(S): 70029/99

HEARING DATE(S): 31/5/99

JUDGMENT DATE:
2 June 1999

PARTIES :

The Crown
Gregory Paul Meggett

JUDGMENT OF: Wood CJatCL

COUNSEL : C. O'Donnell (Crown)
C. Craigie (Prisoner)

SOLICITORS: DPP (Commonwealth)
Legal Aid

CATCHWORDS:

DECISION: Penal Servitude for 10 years from 7/12/98; Non parole period 6 years from 7/12/98; Earliest date for which eligible for release on parole 6/12/2004

IN THE SUPREME COURT
OF NEW SOUTH WALES
CRIMINAL DIVISION
BEFORE: WOOD, CJ at CL
WEDNESDAY 2 JUNE 1999

70029/99 REGINA v GREGORY PAUL MEGGETT

SENTENCE
1   HIS HONOUR: The prisoner has adhered to the plea of guilty entered at his committal to one count of importing into Australia prohibited imports to which s 233B(1)(b) of the Customs Act applied, namely a quantity of cocaine in an amount not less than the commercial quantity of 2 kgs applicable to that substance. The maximum available penalty for that offence is imprisonment for life.
2   The facts giving rise to the offence, which involved a massive 171.2793 kgs of pure cocaine contained in a bulk seizure 244.8 kgs, with an estimated street value of $40m to $50 may be briefly stated.
3   On 7 December 1998, agents of the Australian Federal Police, in conjunction with officers of the Australian Customs Service seized a Boston whaler located near the southern boat ramp of the outer harbour of Coffs Harbour. It had previously been launched from a 52 foot ketch, “Maeva Chiqui”, sometimes referred to as the “Maeva”, which had been kept under surveillance for some little time prior to its arrival in Australian waters from Tonga.
4   This surveillance and investigation had begun in relation to persons associated with the sloop “Tvareg”, which had arrived at Lord Howe Island from Tonga in January 1998, and which was still in port at Forster at the time of the arrival of the “Maeva”. Investigators ascertained that the “Tvareg” had sailed from Central America, bound for Australia, via the Galapagos Islands, French Polynesia and Tonga. Persons associated with this vessel were identified, over the months following her arrival, as recipients of approximately AUD$6m which was then transferred from Australia to a number of financial institutions overseas. This money was suspected of being the proceeds of the sale of cocaine in Australia on behalf of one of the Columbian Medellin cartels. 5   Two persons of particular interest were identified, the first being Robert Scott Flavel, a dual British/Australian passport holder currently a resident of Florida in the United States; and the second being Jose Manuel Campillo, who was found to have deposited a little more than half a million dollars in cash in a financial institution for remittance overseas. This sum had, in fact, been seized by the Australian Federal Police in July 1998. 6   In November of that year, investigators learned that arrangements had been made for one Beatriz Gonzalez-Betes Suarez, (hereafter referred…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Meggett

Details

AGLC: R v Meggett [1999] NSWSC 606
Case: [1999] NSWSC 606
Decision Date: 2 June 1999

CaseChat Overview and Summary

The case of R v Meggett before the Supreme Court of New South Wales involved Gregory Paul Meggett, who pleaded guilty to importing a commercial quantity of cocaine into Australia. The court had to decide on the appropriate sentence, taking into account the severity of the offence, Meggett's role in the drug importation, and various mitigating factors such as his early guilty plea and substantial assistance to authorities. The court considered Meggett's objective criminality, his role in the operation, and the significant quantity of cocaine involved, which was estimated to have a street value of $40 million to $50 million. Additionally, the court assessed Meggett's subjective circumstances, including his background, age, and the potential for rehabilitation.

After evaluating the evidence and relevant legal principles, the court determined that Meggett's role, though not that of a mid-level executive, was significant and that he was an integral part of the drug importation operation. The court recognised the importance of deterring such activities and ensuring general deterrence for others involved in drug trafficking. Considering the mitigating factors, particularly Meggett's substantial assistance and early guilty plea, the court imposed a sentence of imprisonment for 10 years, with a non-parole period of 6 years, to be served from 7 December 1998. The court also noted that failure to uphold his promise to continue assisting authorities could result in an appeal and possible resentencing by the Court of Criminal Appeal.

Orders