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Dunning v Tasmania [2018] TASCCA 21

appeal against sentence — three counts of attempting to import a marketable quantity of a border controlled drug offences contrary to ss 307.2(1) and 11.1(1) of Commonwealth Criminal Code — state offence — Commonwealth offences relate to attempted importation of 398g of pure amphetamine, 9g of pure MDMA and 2.7g of pure cocaine — original sentence imposed 6 years’ imprisonment with 3 year and 6 month non-parole period — manifest excess totality — manifest inadequacy or excess usually demonstrated when appropriate relativity is absent between nature of offending and matters personal to offender, and sentences imposed in most closely comparable cases — aggregate sentence of 6 years imposed well within range, notwithstanding offender’s age, plea of guilty and other relevant personal circumstances — fact that sentencing judge ordered state sentence be served concurrently with Commonwealth sentence clearly shows sentencing judge paid proper regard to totality principle — such course might be considered lenient given relevant conduct quite separate from Commonwealth crimes — guilty plea — s 16A(2)(g) — sentencing judge discounted offender’s Commonwealth sentence by 20% as discount for utilitarian benefit of offender’s early plea of guilty — In Xiao the New South Wales Court of Criminal Appeal held that in sentencing proceedings governed by s 16A a sentencing judge is entitled to take the utilitarian value of a plea into account in sentencing — sentencing judge not in error in stating that discount for guilty plea to be tempered by overwhelming case against offender — sentencing judge saying no more than that discount was in respect of utilitarian benefit of offender’s plea, that is to say, in recognition of assistance of plea in administration of justice — appeal dismissed
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