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R v El Jamal [2019] NSWDC 153

sentence — attempting to possess a commercial quantity of an unlawfully imported border controlled drug offence contrary to ss 11.1 & 307.5(1) of Commonwealth Criminal Code — offence related to 3,771.5g pure methamphetamine — under s 16BA one offence of attempting to possess a marketable quantity of the unlawfully imported border controlled drug offence contrary ss 11.1 & 307.6(1) of Commonwealth Criminal Code taken into account — offence taken into account under s 16BA related to 643g of cocaine — guilty plea — s 16A(2)(g) — the fact of the plea that must be taken into account, not the state of mind or motivation of offender — guilty plea came early but sentencing proceedings took about 3 days longer — offender gained no advantage from contest; if they had it would have been unfair to deny them the full utilitarian value of their plea — long trial avoided but principal prosecution witness still had to be called and cross-examined — sentencing judge reduced otherwise appropriate sentence by 20% for guilty plea — co-operation — s 16A(2)(h) — encouragement given to those who provide assistance whatever offender’s motive, even self-interest — evidence offender is at some risk in custody and threats have been made to family members — retribution is unlikely, but cannot be entirely discounted — because of offender some dangerous things were able to be seized and this seizure contributed to protection of community — other exhibits reveal nothing that would warrant reduction in sentence, particularly given sentencing judges’ assessment of lack of offender’s credibility — nor is sentencing judge of opinion what was said was full or frank — hardship delay — offender spent whole of remand on most restrictive classification of protection, non-association with limited contact with other prisoners and limited access to work and programmes — delay not offender’s fault — custodial sentence may weigh more heavily on a person with a mental health condition than the theoretical average prisoner — prisons are inherently violent places — antecedents — s 16A(2)(m) — this offence not uncharacteristic aberration — demonstrates continuing disobedience towards the law — sentence — offender sentenced to 14 years’ imprisonment with of 9 year and 8 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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