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Gwardys v The Queen [2019] NSWCCA 62

appeal against sentence — one count of importing a marketable quantity of a border controlled drug offence contrary to s 307.2(1) of the Commonwealth Criminal Code — offence relates to 391.7 grams of pure cocaine — original sentence imposed 6 years’ imprisonment with a 4 year non-parole period — guilty plea — s 16A(2)(g) — sentencing judge took guilty plea into account as indication of offender’s willingness to facilitate the course of justice but did not apply specific discount in recognition of plea or specifically refer to utilitarian value — error established — re-sentence — entitled to 25% discount to reflect utilitarian value of plea — no lesser sentence than that imposed by sentencing judge warranted — leave to appeal granted — appeal dismissed
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