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Bae v The Queen [2020] NSWCCA 35

appeal against sentence — 4 counts of aiding and abetting importation of commercial quantity of drug offence contrary to s 307.1(1) and s 11.2(1) of the Commonwealth Criminal Code — offences relate to 3.713kg pure cocaine, 2.266kg pure methamphetamine, 2.243kg pure methamphetamine, 4.021kg pure cocaine respectively — 1 count of aiding and abetting importation of a marketable quantity of heroin offence contrary to s 307.2(1) and s 11.2(1) of Commonwealth Criminal Code — offence relates to 0.65kg pure heroin — guilty plea — s 16A(2)(g) — Xiao error established — 12.5% discount for utilitarian value for pleas of guilty — subjective circumstances surrounding offender’s unfamiliarity with brief of evidence before current representation and offender’s relatively prompt willingness to plead guilty thereafter, may be reflected in further allowance for their willingness to facilitate the course of justice — this aspect lies as a subjective factor to be taken into account on sentence which ought not be quantified — re-sentence — rehabilitation — s 16A(2)(n) — contrition — s 16A(2)(f)(ii) — no prior criminal convictions — during decade in custody, has been working as a general hand at the Wildlife Centre in a trusted position caring for kangaroos and emus — expressed remorse for offences and had extended opportunity to reflect upon offending and its adverse effects on others, including those using drugs and the shame they brought on their family — offender had limited English skills when came into custody, but has now learned English and is bilingual — offender has good prospects of rehabilitation and low risk of re-offending — sentence imposed 18 years’ and 6 months imprisonment with an 11 year non-parole period
The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

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