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DPP v Maatouk [2022] VCC 1874

The offender was sentenced following a plea of guilty to 1 count of conspiring to possess a commercial quantity of an unlawfully imported border controlled drug contrary to ss 11.5(1) and 307.5(1) of the Commonwealth Criminal Code. Offending related to 104.35 kilograms of MDMA.

Parity: Offender and co-conspirator had different but important roles to play. Whilst co-conspirator took the risk by attending to collect the consignment, offender provided directions and instructions. Offender played an equally important role and was somewhat more elevated in the hierarchy. Offender’s role was not a quantum leap over that of co-conspirator, but it was greater. This, along with offender’s late plea, justified offender receiving a greater sentence than co-conspirator.

Rehabilitation: Offender’s prospects of rehabilitation must be assessed in light of their prior criminal history and ongoing issues with substance abuse. Offender’s prospects of rehabilitation are guarded but will improve if offender remains abstinent and seeks professional help they need to deal with their mental health issues.

Nature and Circumstances: The quantity, being over 104 kilograms of pure MDMA, was extremely large. It amounts to 208 times a commercial quantity of MDMA. Offender knew this was a very large consignment of drugs and therefore a valuable commodity. Offender was an active and central participant in the conspiracy. Offender played a pivotal role. Offender acted as an intermediary between co-conspirator and those higher than offender in the hierarchy.

Offender sentenced to 9 years and 6 months imprisonment with a non-parole period of 6 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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