R v Toafa

[2019] NSWDC 361

District Court

New South Wales

Medium Neutral Citation:	R v Toafa [2019] NSWDC 361
Hearing dates:	10 April 2019
Date of orders:	10 April 2019
Decision date:	10 April 2019
Jurisdiction:	Criminal
Before:	M L Williams SC DCJ
Decision:	A sentence of imprisonment of seven years with a non-parole period of three years, eight months: at [34].
Catchwords:	SENTENCING — Federal offenders — Relevant considerations SENTENCING — Federal offenders — Sentence by State court for offence against Commonwealth law SENTENCING — Relevant factors on sentence — objective seriousness — role of offender — Moral culpability — Circumstances of offence — plea of guilty
Legislation Cited:	Crimes Act 1914 (Cth) Criminal Code (Cth)
Cases Cited:	Cheun v R [2009] NSWCCA 116 Director of Public Prosecutions (Cth) v Blackman; Director of Public Prosecutions (Cth) v Jomaa [2014] NSWCCA 90 DPP (Cth) v De la Rosa [2010] NSWCCA 194 Hili v The Queen; Jones v The Queen (2010) 242 CLR 520 Klomfar v R [2019] NSWCCA 61 Pham v R; Tang v R [2012] VSCA 101 R v Davidson [2009] NSWCCA 150 R v Holland [2011] NSWCCA 65 R v Labanon [2006] QCA 529 R v Moore [2005] NSWCCA 212 R v Xiao [2018] NSWCCA 2 Tyler v Regina; Regina v Chalmers [2007] NSWCCA 247 Webber v R [2014] NSWCCA 111
Texts Cited:	Nil
Category:	Sentence
Parties:	Regina (Crown)   Timothy Toafa (Offender)
Representation:	Ms Burr (Crown) Mr Goldworthy (Offender)
File Number(s):	2018/18360

Judgment

1. Mr and Mrs Toafa are committed Christians and they brought up three children under the strict, but happy, guidance of the Seventh Day Adventist Church. They sit here today in Court to see their youngest son Timothy Toafa, born in 1990, facing sentence for an offence which carries a maximum penalty life imprisonment, under s 307 of the Criminal Code (Cth) of importing a commercial quantity of a border controlled drug.

2. He has been in custody since his arrest on 17 January 2018.

3. It is conceded that, when the sentencing court takes account of all the objective and subjective factors for the purposes of sentencing, a significant term of fulltime custody is required and it is unnecessary to consider any alternatives.

4. The short facts that can be distilled revolve around the ultimate importation of 32 kilograms of MDMA with a 77.9% purity. Mr Toafa pleaded guilty to the charge at the earliest possible opportunity and it is common ground that, in accordance with the decision of R v Xiao [2018] NSWCCA 2 in relation to Commonwealth sentences, a discount for the utilitarian value of the plea and the willingness to facilitate the course of justice should be in the order of 25% on the term of imprisonment.

5. The agreed facts together, with the sworn and largely unchallenged evidence of the offender today, demonstrate that he was a good athlete and not a good student. He was gullible, naive and trusting and not worldly wise. I am satisfied of that by the evidence of Mr Toafa and the evidence of his…