District Court
New South Wales
Medium Neutral Citation: R v Russell [2022] NSWDC 416 Hearing dates: 29 July 2022 Date of orders: 16 September 2022 Decision date: 16 September 2022 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 The offender is convicted.
2 The terms of imprisonment that I would have imposed for the State offences, if separate sentences were to be imposed, after taking into account the discount of 25% for the pleas of guilty are:
Count
Offence
Indicative sentence
3
Supply prohibited drug on 31 January 2019
18 months
4
Supply prohibited drug on 18 February 2019, taking into account the offence on the Form 1
2 years
5
Supply prohibited drug on 7 March 2019
3 years
6
Supply prohibited drug on 14 May 2019
2 years and 6 months
7
Supply prohibited drug between 26 February 2019 and 4 June 2019 being an amount not less than the commercial quantity
5 years with a non-parole period of 2 years and 6 months
3 I impose an aggregate term of imprisonment for the State offences of 7 years with a non-parole period of 3 years and 6 months to date from 8 May 2019. The head sentence will expire on 7 May 2026 and the non-parole period will expire on 7 November 2022.
4 The terms of imprisonment that I would have imposed for the Federal offences, if separate sentences were to be imposed, after taking into account the discount of 15% for Counts 1 and 2 and 25% for Count 8 for the pleas of guilty are:
Count
Offence
Indicative sentence
1
Attempt to possess a commercial quantity of a border control drug, between about 3 October 2017 on 13 October 2017, taking into account the proceeds of crime offence on the s 16BA schedule
8 years
2
Import a commercial quantity of border controlled drug, between about 15 November 2017 and 3 August 2018, taking into account the attempt to pervert the course of justice offence on the s 16BA schedule
6 years
8
Conspire with Witness A, Witness B and Witness C to import a commercial quantity of a border control drug, methamphetamine, between 18 April 2017 and 1 November 2017
12 years
5 I impose an aggregate term of imprisonment for the Federal offences of 14 years to date from 8 May 2021 and expire on 7 May 2035. I fix a single non-parole period of 7 years which will expire on 7 May 2028.
6 The total effective term of imprisonment I have imposed for all of the offences is 16 years with a non-parole period of 9 years.
7 The offender will be eligible to be released on parole on 7 May 2028.
Catchwords: CRIME — Drug offences — Commonwealth offences
— Import/Export border-controlled prohibited plant or drug — Possess prohibited drug — Supply prohibited drug
CRIME - Money Laundering - Dealing with money suspected of being proceeds of crime
CRIME - Public justice offences - Do an act with intent to…
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- AGLC
- R v Russell [2022] NSWDC 416
- Case
- [2022] NSWDC 416
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved interpreting and applying the relevant statutes to the facts of the case, calculating the appropriate sentences for each offence, and determining the aggregate sentence, including non-parole periods. The court also needed to consider the discount for the offender's guilty pleas in accordance with statutory guidelines.
In delivering the judgment, the court examined the nature and circumstances of each offence, the offender's criminal history, and the impact of the offences on the community. The court considered the seriousness of the offences, the need for deterrence and denunciation, and the principles of rehabilitation and proportionality. After considering all relevant factors, the court imposed a total effective term of imprisonment of 16 years, with a non-parole period of 9 years. The offender will be eligible for parole release on 7 May 2028.
Orders
Orders of the court
1 The offender is convicted.
2 The terms of imprisonment that I would have imposed for the State offences, if separate sentences were to be imposed, after taking into account the discount of 25% for the pleas of guilty are:
Count
Offence
Indicative sentence
3
Supply prohibited drug on 31 January 2019
18 months
4
Supply prohibited drug on 18 February 2019, taking into account the offence on the Form 1
2 years
5
Supply prohibited drug on 7 March 2019
3 years
6
Supply prohibited drug on 14 May 2019
2 years and 6 months
7
Supply prohibited drug between 26 February 2019 and 4 June 2019 being an amount not less than the commercial quantity
5 years with a non-parole period of 2 years and 6 months
3 I impose an aggregate term of imprisonment for the State offences of 7 years with a non-parole period of 3 years and 6 months to date from 8 May 2019. The head sentence will expire on 7 May 2026 and the non-parole period will expire on 7 November 2022.
4 The terms of imprisonment that I would have imposed for the Federal offences, if separate sentences were to be imposed, after taking into account the discount of 15% for Counts 1 and 2 and 25% for Count 8 for the pleas of guilty are:
Count
Offence
Indicative sentence
1
Attempt to possess a commercial quantity of a border control drug, between about 3 October 2017 on 13 October 2017, taking into account the proceeds of crime offence on the s 16BA schedule
8 years
2
Import a commercial quantity of border controlled drug, between about 15 November 2017 and 3 August 2018, taking into account the attempt to pervert the course of justice offence on the s 16BA schedule
6 years
8
Conspire with Witness A, Witness B and Witness C to import a commercial quantity of a border control drug, methamphetamine, between 18 April 2017 and 1 November 2017
12 years
5 I impose an aggregate term of imprisonment for the Federal offences of 14 years to date from 8 May 2021 and expire on 7 May 2035. I fix a single non-parole period of 7 years which will expire on 7 May 2028.
6 The total effective term of imprisonment I have imposed for all of the offences is 16 years with a non-parole period of 9 years.
7 The offender will be eligible to be released on parole on 7 May 2028.
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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