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CDPP v Jurkovic [2022] VCC 2178

The offender was sentenced following pleas of guilty to 1 count of trafficking in a commercial quantity of controlled drugs contrary to s 303.2(1) and 311.2(1) of the Commonwealth Criminal Code, 1 count of dealing with money or property worth $100,000 or more that is proceeds of crime contrary to s 400.4(1) of the Commonwealth Criminal Code and 1 count of dealing with money or property worth $50,000 or more that is proceeds of crime contrary to s 400.5(1) of the Commonwealth Criminal Code. Drug offending related to 122.72 kilograms of pure cocaine, 47.27 kilograms of pure methamphetamine, 107.5 kilograms of pure heroin, and 7.27 kilograms of pure MDMA.

Nature and Circumstances: Offences are serious examples of their kinds, particularly count 1 which was a rolled up count comprising many separate instances of trafficking. Offender trafficked 61 times the commercial quantity of cocaine, 110 times the commercial quantity of methamphetamine, 71.6 times the commercial quantity of heroin, and 10 times the commercial quantity of MDMA. Offender did not traffick these drugs on their own. Rather, offender was a part of a sophisticated and well-organised syndicate. Whilst offender’s precise role and place in the hierarchy is not revealed in the evidence, they were critical to the success of the enterprise and they were a highly trusted member of it. Offender’s moral culpability for offending is high.

Contrition: Guilty plea was not made at the earliest opportunity and offender pleaded not guilty at committal. Offender is sorry for the suffering they have inflicted on their family. A finding that offender really understands the harm offending causes to individuals and the community at large is much more difficult, especially given offender’s criminal history. The passage of time and offender’s sustained abstinence from drugs may have allowed them to gain some insight and develop some remorse.

Rehabilitation: Offender’s letter speaks of their desire to be a better person. Offender appears to mean what they say. Offender has taken advantage of every opportunity in custody to improve themselves. Although offender’s criminal history is a cause for great concern, there is reason to be cautiously optimistic about them and their future.

Offender sentenced to 19 years and 6 months imprisonment with a non-parole period of 12 years and 3 months.
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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