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R v Bellahcene; R v Perier [2022] NSWDC 573

Bellahcene was sentenced following a plea of guilty to 1 count of attempting to possess a marketable quantity of a border controlled drug contrary to ss 11.1(1) and 307.6(1) of the Commonwealth Criminal Code. Perier was sentenced following a plea of guilty to 1 count of attempting to possess a marketable quantity of a border controlled drug contrary to ss 11.1(1) and 307.6(1) of the Commonwealth Criminal Code. Offending related to 128.44 grams of 3,4-methylenedioxymethamphetamine (MDMA).

Nature and Circumstances: The pure weight of the drugs was 256.8 times the marketable quantity. The estimated street value was $23,760. The offenders’ role was quite limited. They were involved in the offence on 1 day. Their role was to collect the package. Offending involved minimal planning. Offenders were reckless as to the fact that the package contained drugs. Bellahcene committed the offence while on conditional liberty which they received for drug-related offences including supply.

Specific Deterrence: Bellahcene has committed a number of offences in Australia. Bellahcene needs to understand by reference to the penalty imposed on them that if they continue to commit offences they will be met with condign punishment. Perier has no prior criminal record. It is likely that Perier will be deported on their release from custody and specific deterrence can be afforded less weight.

Rehabilitation: Offender are genuinely contrite. Bellahcene has some prospects of rehabilitation. Bellahcene has accepted responsibility for their actions, but they have shunned prior opportunities to rehabilitate themselves when given the opportunity to do so. Perier has good prospects of rehabilitation. Perier has demonstrated by their actions in custody that they are a good worker and has plans for the future. Perier has the support of their girlfriend and friends.

Bellahcene sentenced to 3 years imprisonment to be released after 18 months on recognizance of $1 to be of good behaviour for 3 years.

Perier sentenced to 2 years and 6 months imprisonment to be released after 12 months on recognizance of $1 to be of good behaviour for 3 years for the federal offence.
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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