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DPP (Cth) v Kiraci [2021] VCC 1427

The offender was sentenced following a plea of guilty to 1 count of attempting to possess a commercial quantity of an unlawfully imported border controlled drug contrary to ss 11.1(1) and 307.5(1) of the Commonwealth Criminal Code. Offence related to 731g of pure MDMA.  

Nature and Circumstances: Offender was relatively young with no criminal history and continuous work history, albeit of of low intellectual functioning. Offender was not importer of the package nor the ultimate receiver. Offender did not know what was being sent was a border-controlled drug though offender was reckless as to this fact. Offending is confined to placing two phone calls to Australia Post. Offending was far from sophisticated. Offender gave own name and details to Australia Post.  

Mental Condition: Offender, by virtue of intellectual limitations and depression and substance abuse was vulnerable to exploitation and was taken advantage of by ‘Megagym’ who took steps to insulate themselves from detection. Moral culpability is reduced. There is a clear nexus between intellectual limitations and offending.  

Offender sentenced to 4 years imprisonment with a 2 year and 8 month 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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