R v Zuniga Frias - [2019] NSWDC 365

District Court

New South Wales

Medium Neutral Citation: R v Zuniga Frias [2019] NSWDC 365
Hearing dates: 24 May 2019; 13 June 2019; 19 July 2019
Date of orders: 19 July 2019
Decision date: 19 July 2019
Jurisdiction: Criminal
Before: Weinstein SC DCJ
Decision:
I convict you of the following offence: between about 26 February 2018 and 1 March 2018, you imported a commercial quantity of a border controlled drug, namely methamphetamine contrary to section 307.1(1) of the Commonwealth Criminal Code.

After applying a 40% discount for your plea of guilty and assistance to authorities, I impose a head sentence of 7 years, 2 months and 12 days.

I have backdated the sentence to the day you were taken into custody, being 1 March 2018.

You will be eligible for release on parole on 31 December 2022.
The head sentence expires on 12 May 2025 and the non-parole period expires on 31 December 2022.
Catchwords: SENTENCING - imported a commercial quantity of a border controlled drug, namely methamphetamine – full-time custody
Legislation Cited: Crimes Act 1914 (Cth)), ss16A, 17A
Criminal Code Act 1995 (Cth), ss11.2(1), 307.1(1)
Cases Cited: Markarian v The Queen (2005) 228 CLR 357
Olbrich v The Queen (1999) CLR 270
Klomfar v The Queen [2019] NSWCCA 61
Tyler v R [2007] 173 A Crim R 458
Saab v The Queen [2012] VSCA 165
R v Pang (1999) 105 A Crim R 474
Wong v R (2001) 207 CLR 584
Category: Sentence
Parties: Regina v Zuniga Frias
Representation:
Counsel:
Mr Ramage QC (Zuniga Frias)
Mr Snelling (Zuniga Frias)
Solicitors:
Mr McCaw (Crown)
Macarthur Law Group (Zuniga Frias)

File Number(s): 2018/68680

Judgment

Background

The offender Norma Zuniga Frias, born in October 1992 and currently age 26, pleads guilty to the charge of between about 26 February 2018 and 1 March 2018, she imported a commercial quantity of a border controlled drug, namely methamphetamine contrary to section 307.1(1) of the Criminal Code (Cth) (the Criminal Code). The maximum penalty for this offence is life imprisonment.

Agreed Facts

The Agreed Facts for the purpose of sentence as follows.
The co-offender Rose Helena Thomas, born in December 1992 (Thomas), has pleaded guilty to between about 27 February 2018 and 1 March 2018, she aided and abetted an attempt to possess a commercial quantity of an unlawfully imported border-controlled drug, namely methamphetamine contrary to sections 11.2(1) and 307.5(1) of the Criminal Code.
Between December 2017 and 1 March 2018, Zuniga Frias was involved in importing a consignment of speakers that contained methamphetamine from Mexico. During this period, Zuniga Frias was regularly in contact with an associate in Mexico who was facilitating the importation. The associate in Mexico asked Zuniga Frias to book two separate Airbnbs, intending that the consignment would be delivered to each address. The consignment ultimately arrived at a third Airbnb that was booked by the associate in Mexico. The consignment arrived in Sydney on 21 February 2018 and was delivered on 27 February 2018. Between the arrival and delivery of…

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.

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Details

Case: [2019] NSWDC 365
Decision Date: 19 July 2019

CaseChat Overview and Summary

The respondent, Zuniga Frias, was convicted of importing a commercial quantity of methamphetamine, a border controlled drug, between 26 February 2018 and 1 March 2018, in contravention of section 307.1(1) of the Commonwealth Criminal Code. The case was heard in a relevant Australian court. The primary legal issue before the court was to determine the appropriate sentence for the respondent given the offence committed, including the factors that should be considered in imposing a sentence, such as the discount for a guilty plea and assistance to authorities, and the calculation of the non-parole period.

In considering the appropriate sentence, the court applied a 40% discount for the respondent's plea of guilty and assistance to authorities. The court imposed a head sentence of 7 years, 2 months, and 12 days, backdated to the date of the respondent's custody, 1 March 2018. The court calculated the non-parole period as 12 May 2025, with the respondent becoming eligible for parole on 31 December 2022. The court emphasised the seriousness of the offence and the need to deter similar conduct in the future.

The court's decision was based on a comprehensive analysis of the relevant legal principles and the specific circumstances of the case. The court considered the nature and gravity of the offence, the respondent's culpability, and the need for general deterrence. The discount for the plea of guilty and assistance to authorities was recognised as a mitigating factor, but the severity of the offence and the need to protect the community from the harmful effects of drug trafficking were also taken into account. The final orders included the conviction, the head sentence, the backdating of the sentence, and the calculation of the non-parole period and parole eligibility date.

Orders

Orders of the court

I convict you of the following offence: between about 26 February 2018 and 1 March 2018, you imported a commercial quantity of a border controlled drug, namely methamphetamine contrary to section 307.1(1) of the Commonwealth Criminal Code.

After applying a 40% discount for your plea of guilty and assistance to authorities, I impose a head sentence of 7 years, 2 months and 12 days.

I have backdated the sentence to the day you were taken into custody, being 1 March 2018.

You will be eligible for release on parole on 31 December 2022.

The head sentence expires on 12 May 2025 and the non-parole period expires on 31 December 2022.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v Zuniga Frias [2019] NSWDC 365
Hearing dates:	24 May 2019; 13 June 2019; 19 July 2019
Date of orders:	19 July 2019
Decision date:	19 July 2019
Jurisdiction:	Criminal
Before:	Weinstein SC DCJ
Decision:	I convict you of the following offence: between about 26 February 2018 and 1 March 2018, you imported a commercial quantity of a border controlled drug, namely methamphetamine contrary to section 307.1(1) of the Commonwealth Criminal Code. After applying a 40% discount for your plea of guilty and assistance to authorities, I impose a head sentence of 7 years, 2 months and 12 days. I have backdated the sentence to the day you were taken into custody, being 1 March 2018. You will be eligible for release on parole on 31 December 2022. The head sentence expires on 12 May 2025 and the non-parole period expires on 31 December 2022.
Catchwords:	SENTENCING - imported a commercial quantity of a border controlled drug, namely methamphetamine – full-time custody
Legislation Cited:	Crimes Act 1914 (Cth)), ss16A, 17A Criminal Code Act 1995 (Cth), ss11.2(1), 307.1(1)
Cases Cited:	Markarian v The Queen (2005) 228 CLR 357 Olbrich v The Queen (1999) CLR 270 Klomfar v The Queen [2019] NSWCCA 61 Tyler v R [2007] 173 A Crim R 458 Saab v The Queen [2012] VSCA 165 R v Pang (1999) 105 A Crim R 474 Wong v R (2001) 207 CLR 584
Category:	Sentence
Parties:	Regina v Zuniga Frias
Representation:	Counsel: Mr Ramage QC (Zuniga Frias) Mr Snelling (Zuniga Frias) Solicitors: Mr McCaw (Crown) Macarthur Law Group (Zuniga Frias)
File Number(s):	2018/68680