R v Okosi - [2017] NSWDC 400

District Court

New South Wales

Medium Neutral Citation: R v Okosi [2017] NSWDC 400
Hearing dates: 7 – 8, 11 September 2017
Date of orders: 11 September 2017
Decision date: 11 September 2017
Jurisdiction: Criminal
Before: Neilson DCJ
Decision:
Total sentence of 13 years and six months, expiring on 5 November 2028. Non-parole period of nine years commencing on 6 May 2015 and expiring on 5 May 2024

Catchwords: SENTENCE – COMMONWEALTH OFFENCES – Importation of cocaine and methamphetamine by post – Offender the principal in many transactions – Nigerian lawyer in Australia on student visa – Six substantive offences:
(a) aiding and abetting an attempt to possess unlawfully imported marketable quantity of cocaine;
(b) importing a marketable quantity of methamphetamine and cocaine;
(c) attempting to possess a commercial quantity of illegally imported amphetamine and cocaine;
(d) dealing with property he believed to be the proceeds of crime;
(e) trafficking amphetamine and cocaine
(f) providing false/misleading information to reporting entities
Legislation Cited: Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006
Criminal Code Act 1995
Proceeds of Crime Act 2002
Cases Cited: R v Thomson; R v Houlton (2000) 49 NSWLR 383
Tyler v R (2007) 173 A Crim R 458
Category: Sentence
Parties: Regina (Commonwealth) (Crown)
Emeke Okosi (Offender)
Representation:
Counsel:
Mr D Jordan (Crown)
Mr K Averre (Offender)
Solicitors:
Solicitors for the Commonwealth Director of Public Prosecutions (Crown)
Jeffrey’s Lawyers (Offender)

File Number(s): 2015/135188
Publication restriction: Nil

Judgment

HIS HONOUR: Emeke Augustine Okosi stands for sentence as a consequence of pleading guilty to six charges contained in an indictment presented to Conlon DCJ on 7 March 2017. On 7 March 2017 Conlon DCJ set the matter down for sentence on 18 August 2017. It then came before Lakatos DCJ who, knowing that I was part heard in the sentence of a co‑offender, Foster Okolie, transferred the matter to me together with a related sentence matter of Maryann Adaobi Udeh.
The offender Okolie objected to his sentencing hearing be conducted at the same time as that of Okosi and as a result the sentencing of Okosi followed upon the sentencing of Okolie. In essence the sentencing hearing of Okosi, the present offender, commenced on Thursday 7 September and was completed on Friday 8 September when I adjourned the matter to give judgment today. The sentencing of Ms Udeh has been stood over to 22 September 2017.
As I have indicated, the indictment presented to Conlon DCJ on 7 March 2017 contained six counts against the current offender. It also contained one count against Ms Udeh. Despite the fact that the indictment only contained six counts against the present offender he was charged with a large number of offences and a number of the counts in the indictment represent “rolled up charges”, for example count 2 rolls up seven offences, and count 3 rolls up five offences, and count 6 rolls up three offences. The offences all relate to the offender’s being involved in drug trafficking. The drugs in question are…

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 Okosi

Details

AGLC: R v Okosi [2017] NSWDC 400
Case: [2017] NSWDC 400
Decision Date: 11 September 2017

CaseChat Overview and Summary

In the matter of R v Okosi, the High Court was called upon to consider the appropriate sentence for the defendant, who had been found guilty of six serious drug-related offences. Mr Okosi, a Nigerian national in Australia on a student visa, was convicted of facilitating the importation of cocaine and methamphetamine, attempting to possess these drugs in commercial quantities, dealing with the proceeds of crime, trafficking drugs, and providing false information to reporting entities. The court was tasked with determining the appropriate sentence for these serious offences, taking into account the defendant's role and culpability.

The central legal issue before the court was the determination of an appropriate sentence for Mr Okosi's multiple serious drug-related offences. The court was required to weigh various sentencing principles and factors, including the nature and circumstances of the offences, the defendant's role and culpability, and the need to deter and prevent such criminal activities. The court also had to consider the impact of the defendant's background and circumstances, including his status as an international student, on the sentencing decision.

The court conducted a comprehensive analysis of the relevant sentencing principles and factors. It recognised the gravity of the offences, the significant quantities of drugs involved, and the defendant's substantial role in facilitating and profiting from these criminal activities. The court also considered the need for general deterrence and the protection of the community from such criminal conduct. After carefully weighing these factors, the court determined that the appropriate sentence was a total of 13 years and six months imprisonment, with a non-parole period of nine years. This sentence was designed to reflect the seriousness of the offences, the defendant's culpability, and the need for deterrence and protection of the community.

The court's final order was that Mr Okosi be sentenced to a total of 13 years and six months imprisonment, with a non-parole period of nine years. This sentence is set to expire on 5 November 2028, with the non-parole period commencing on 6 May 2015 and expiring on 5 May 2024. The court's decision reflects the gravity of the offences, the defendant's substantial role in facilitating and profiting from these criminal activities, and the need for general deterrence and protection of the community.

Orders

Orders of the court

Total sentence of 13 years and six months, expiring on 5 November 2028. Non-parole period of nine years commencing on 6 May 2015 and expiring on 5 May 2024

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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Medium Neutral Citation:	R v Okosi [2017] NSWDC 400
Hearing dates:	7 – 8, 11 September 2017
Date of orders:	11 September 2017
Decision date:	11 September 2017
Jurisdiction:	Criminal
Before:	Neilson DCJ
Decision:	Total sentence of 13 years and six months, expiring on 5 November 2028. Non-parole period of nine years commencing on 6 May 2015 and expiring on 5 May 2024
Catchwords:	SENTENCE – COMMONWEALTH OFFENCES – Importation of cocaine and methamphetamine by post – Offender the principal in many transactions – Nigerian lawyer in Australia on student visa – Six substantive offences: (a) aiding and abetting an attempt to possess unlawfully imported marketable quantity of cocaine; (b) importing a marketable quantity of methamphetamine and cocaine; (c) attempting to possess a commercial quantity of illegally imported amphetamine and cocaine; (d) dealing with property he believed to be the proceeds of crime; (e) trafficking amphetamine and cocaine (f) providing false/misleading information to reporting entities
Legislation Cited:	Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 Criminal Code Act 1995 Proceeds of Crime Act 2002
Cases Cited:	R v Thomson; R v Houlton (2000) 49 NSWLR 383 Tyler v R (2007) 173 A Crim R 458
Category:	Sentence
Parties:	Regina (Commonwealth) (Crown) Emeke Okosi (Offender)
Representation:	Counsel: Mr D Jordan (Crown) Mr K Averre (Offender) Solicitors: Solicitors for the Commonwealth Director of Public Prosecutions (Crown) Jeffrey’s Lawyers (Offender)
File Number(s):	2015/135188
Publication restriction:	Nil