R v Munoz

[2007] NSWDC 47

CITATION:	R v MUNOZ [2007] NSWDC 47
HEARING DATE(S):	23 March 2007
JUDGMENT DATE:	23 March 2007
EX TEMPORE JUDGMENT DATE:	23 March 2007
JURISDICTION:	Criminal
JUDGMENT OF:	Berman SC DCJ
DECISION:	Under s21(A) Andres Munoz you are convicted but without passing sentence you are released upon a recognisance to be of good behaviour for two years in the sum of five hundred dollars without security.
CATCHWORDS:	Criminal Law - Sentence - Border Control Drug
LEGISLATION CITED:	Commonwealth Crimes Act
PARTIES:	Crown Andres Munoz
FILE NUMBER(S):	06/11/1009
COUNSEL:	Mr D Carroll (Crown) Mr M G Higgins (Offender)
SOLICITORS:	Commonwealth DPP T & A Legal

SENTENCE

1 HIS HONOUR: I have before me Andres Munoz who is to be sentenced for, in the grand scheme of Commonwealth offences, a relatively minor drug matter. Police and Customs officials became alerted to a scheme whereby cocaine was being imported into Australia through the Post concealed in roll on deodorant containers. They conducted inquiries which led them to 24 Cato Way, Casula a residence occupied by amongst other people the present offender and his stepmother Carmen.

2 I am to sentence the offender on the basis that his stepmother and the offender were drug users, and in particular users of cocaine. Although there was a reasonable quantity of cocaine found both in roll on deodorant containers and also packaged in other ways at Cato Way, Casula, it is accepted by the Crown for the purposes of sentencing the present offender that he possessed only part of a quantity of cocaine in total weighing 30.3 grams. Of that quantity he possessed only an indeterminate amount which did not exceed 2 grams. I am to sentence the offender on the basis that the offender’s stepmother showed him that 30.3 gram package. The offender realised it was cocaine. He asked her if he could use a couple of grams for his own consumption and she agreed. In those circumstances the offender came into possession of a quantity of cocaine, as I have said less than 2 grams, that quantity being imported. Thus the offender stands to be sentenced for an offence of possessing a quantity of a border control drug, namely cocaine, reasonably suspected of having been imported.

3 The offender was born in Chile, his parents separated when he was four years of age, with his father coming to live in Australia. The offender remained behind in Chile until he was seventeen. He developed a cocaine habit whilst in Chile. He came to Australia at seventeen when he began living with his father and his stepmother. Since then he has spent some time working, on occasions spending all of his money on his cocaine habit.

4 Since his arrest in July 2006 he has taken steps to overcome his drug problem and a pathology report tendered before me today indicates the presence of no drugs, in particular, there is nothing to suggest cocaine use. I should also add the offender has no previous criminal history.

5 Mr Higgins appears for the offender and seeks an order under s20 of the Commonwealth Crimes Act. The Prosecution agrees that is an appropriate way of disposing of the matter. In those circumstances that is the order I will make.

6 Under s21(A) Andres Munoz you are convicted but without passing sentence you are released upon a recognisance to be of good behaviour for two years in the sum of five hundred dollars without security.