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Melville v The Queen [2020] NSWCCA 210

appeal against sentence — importing marketable quantity of border controlled drug contrary to s 307.2(1) Commonwealth Criminal Code — original sentence imposed 5 years’ imprisonment with 3 year non-parole period — offence relates to 274.9g of pure cocaine — nature and circumstances — s 16A(2)(a) — offender was acting alone and planned importation over five day period — during that period offender booked return flight to Australia for purpose of importing border controlled drug — offender sourced cocaine in Peru weighed and packaged it into digestible amounts by wrapping in cling wrap and ingesting or inserting pellets into his body — planning was far more sophisticated than might be case with concealment in bag or suitcase — quantity involved was well above marketable quantity but significantly below commercial quantity — offence was committed purely for financial reward because offender owed debt to father and offence was easy way to pay off debt — offence was serious — contention that offender was purely a courier and had not prepared weighed or wrapped cocaine should be rejected — contrition — s 16(A)(2)(f) — offender had not given any evidence in relation to being remorseful but had expressed remorse to others — offender appeared to minimise seriousness of behaviour and demonstrated little insight into impact of offence on community — on balance offender was somewhat remorseful but aspects of remorse related to feelings of shame and regret given current predicament — guilty plea — s 16A(2)(g) — offender acknowledged guilt at earliest opportunity which could be seen as some evidence of remorse — sentencing judge did not expressly refer to utilitarian value of plea in remarks — it should be accepted that sentencing judge took utilitarian value of guilty plea into account by allowing 25% discount — general deterrence — s 16A(2)(ja) — fundamental in sentencing offender who imported border controlled drugs and personal deterrence also relevant and required sentence with real consequences — cooperation — s 16A(2)(h) — offender had co-operated with enforcement authorities but this was very limited nonetheless still attracted minor allowance — leave to appeal granted — 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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