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DPP v Mcintier [2022] VCC 1156

The offender was sentenced following pleas of guilty to 1 count of importing a marketable quantity of a border-controlled drug contrary to s 307.2(1) of the Commonwealth Criminal Code and 1 count of dealing with proceeds of crime worth $1,000 or more contrary to s 407.1 of the Commonwealth Criminal Code. Offender additionally sentenced for State drug trafficking offences. Importation offence related to between 103 and132 grams of pure ketamine.

Nature and Circumstances: Offender bears a high moral culpability for offending. The amount seized represents approximately 30 times a marketable quantity of ketamine and between 10.3 and 13.2 per cent of a commercial quantity. Offender was engaged in a vigorous multidrug trafficking operation and intended to make money from this attempted importation. There is no suggestion of other persons being involved in the importation so offender must be regarded as the principal. These are both matters of aggravation. Offending is a serious example of a successful attempt to illegally import drugs, although they did not receive them.

Rehabilitation: Offender’s counsel tendered an impressive number of certificates for courses offender has undertaken whilst in custody, a letter from the Buddhist chaplain, and one letter each from their mother and aunt. Offender’s willingness to undertake courses whilst on remand, combined with the oral evidence from offender’s aunt as to offender’s  remorse and self-awareness, indicates that offender’s prospects of rehabilitation should be regarded as reasonable given their age, family support, and this being their first lengthy term of imprisonment.

Guilty Plea: Offender’s plea in relation to the importation offence was late. The prosecution case was strong in relation to that offence. Notwithstanding that offender’s plea was late, it is evidence of remorse and overall offender is contrite for their offending. Offender is also entitled to a perceptible amelioration in sentence when the criminal justice system is under the strain of COVID.

Offender sentenced to 4 years and 3 months imprisonment with a non-parole period of 2 years and 4 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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