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Klomfar v The Queen [2019] NSWCCA 61

appeal against sentence — importing a commercial quantity of a border controlled drug offence contrary to s 307.1(1) of Commonwealth Criminal Code — offence relates to 4.653 kilograms of pure cocaine — original sentence imposed 7 years’ and 8 months imprisonment with a 5 year non-parole period — parity — co-offender sentenced to 6 years’ and 3 months imprisonment with 3 year and 6 month non-parole period as co-offender sentenced on basis that they were reckless as to the existence of drugs imported, displayed a lesser degree of criminality than offender, and the ‘extremity’ of co-offenders mental difficulties would make time in custody more onerous and reduce importance of general deterrence — no unjustified disparity — manifest excess — seriousness with which Parliament views offending reflected in maximum penalty of life imprisonment — characterising offender must never obscure assessment of what offender actually did — no inevitable correlation between offender in lower echelon of a hierarchy and severity of punishment — appeal dismissed
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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