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R v Calason [2022] NSWDC 544

The offender was sentenced following a plea of guilty to 1 count of jointly with others importing a marketable quantity of a border-controlled drug contrary to ss 307.1(1) and 11.2A(1) of the Commonwealth Criminal Code. Offending related to 565.9 grams of cocaine. Additional drug importation offences were taken into account under s 16BA.

Nature and Circumstances: Offender clearly used their position as a FedEx courier to assist in the importation. Information offender provided in relation to potential delivery addresses and operations in the depot did facilitate planning by others in the syndicate. Offender did not play a senior organisational role. Offender generally took instructions from others. Offender did not recruit any person and was not tasked with directing subordinates. The quantity of the importation was approximately 28% into the marketable quantity range and was approximately 280 times the minimum marketable quantity. This is still towards the lower order of importation offences of this kind, but remained a significant quantity of pure cocaine.

Guilty Plea: Offender pleaded guilty at the earliest opportunity and is entitled to a discount reflecting the utilitarian value of the plea. Approximately 50 accused are challenging the admissibility of the ANOM phone records at committal, so Crown submissions that the pela merely reflected a recognition of the inevitable are not accepted. Rather, the plea is consistent with offender’s expression of remorse and contrition. The discount allowed is 25%.

Offender sentenced to 6 years imprisonment with a non-parole period of 4 years.
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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