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Olivares v The Queen [2021] NSWCCA 126

The offender was sentenced following pleas of guilty to 1 count of trafficking in a substance, the substance being a controlled drug namely methamphetamine and the quantity trafficked being a commercial quantity contrary to s 302.2(1) of the Commonwealth Criminal Code, and 1 count of dealing with money or other property, it being reasonable to suspect that such money or other property was proceeds of crime, the value being less than $100,000, contrary to s 400.9(1A) of the Commonwealth Criminal Code. The original sentence imposed 15 years imprisonment with a 9 year and 6 month non-parole period. The offender appealed on the basis that the sentencing judge failed to give a discount for the utilitarian value of the offender’s plea of guilty.  

Guilty Plea and Cooperation: Offender is entitled to a discount on sentence having regard to utilitarian value of guilty plea. Plea was not early and only a 10% discount is allowed. Offender provided assistance to authorities and is entitled to a further discount of 5%. Offender provided considerable cooperation to police immediately prior to, during and after arrest. Offender informed police that there were packages in the bathroom ceiling so that police may uncover them. Offender provided extensive information as to circumstances of involvement and process and mechanics by which they were supposed to be passing on the drugs.  

Appeal allowed. Sentence quashed. Offender sentenced to 11 years and 6 months imprisonment with a 6 year and 11 month non-parole period.
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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