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R v Doherty [2019] NSWDC 515

sentence — aided and abetted an attempted possession of a commercial quantity of a prohibited drug offence contrary to ss 307.5, 11.1 and 11.2 of Commonwealth Criminal Code — offence related to 3,771.5g of pure methylamphetamine — two other co-offenders — guilty plea — s 16A(2)(g) — otherwise appropriate sentence will be reduced by 25% to take into account the cooperation and facilitation of the course of justice implicit in offender’s guilty plea — nature and circumstances of the offence — 16A(2)(a) — offender willing to assist if necessary but played only a limited hands on role — while this is an aid and abet an attempted possession offence, offender’s moral culpability can be measured by their understanding that Co-offender 1 was using them to secure the importation of something illegal and that Co-offender 2 was taking the primary risk by collecting and transporting the consignment — cannot be inferred offender expected some cash reward but impossible to accept offender did not expect some benefit from assisting co-offenders — sentencing judge prepared to accept offender awed by Co-offender 1’s wealth and apparent financial success and that they were psychologically vulnerable to requests by such a person for help, offender was not an innocent dupe — mental condition — s 16A(2)(m) — sentencing judge prepared to accept offender has had number of psychological problems for which offender has benefited from counselling and treatment — to an extent they may have predisposed offender to accepting whatever it was that Co-offender 1 offered them or offender thought they might gain from helping them — offender may have been vulnerable to a flawed thinking process but that does not significantly reduce offender’s moral culpability nor do offender’s psychological conditions make offender less of an appropriate vehicle for specific and general deterrence — sentence imposed 6 years’ imprisonment with a 3 year 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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