Site Logo

Obiekwe v R [2018] NSWCCA 55

appeal against sentence — importing commercial quantity of border controlled drug contrary to s 307.1 of Commonwealth Criminal Code — original sentence imposed 12 years’ imprisonment with 7 year non-parole period — guilty plea — s 16A(2)(g) — sentencing judge followed decision of Tyler and did not take into account objective value of plea — no greater discount warranted due to unsuccessful attempts by offender to enter plea to lesser offence which would not reflect criminality involved — error established offender re-sentenced — nature and circumstances of offence — s 16A(2)(g) — offender’s conduct serious — no evidence that anyone else involved in Australian end of operation — significant importation of methamphetamine — contrition — s 16A(2)(f) — offender did not give evidence at sentencing hearing although a letter was tendered — letter given some limited weight in assessing offender’s contrition — letter contains some expressions of remorse but reveals little insight into devastation likely to be wreaked by amount of methamphetamine imported — deterrence — s 16A(2)(j)–(ja) — sentence must deter offender from future participation in importation of narcotics — sentence must be of severity to deter others given utter devastation wrought by methamphetamine on victims, users and communities a regular background to proceedings in this Court — adequacy of punishment — s 16A(2)(k) — imprisonment only appropriate sentence in circumstances of case — offender took deliberate steps to hide involvement in importation — compared to similar cases original sentence imposed on offender appears favourable to offender — consistency in federal sentencing not demonstrated by and does not require numerical equivalence — no lesser sentence warranted in law — 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.

© 2024 The National Judicial College of Australia (NJCA). Powered by

Privacy Policy|Terms and Conditions