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R v Frias [2019] NSWDC 365

sentence — imported a commercial quantity of a border controlled drug offence contrary to s 307.1(1) of Commonwealth Criminal Code — offence relates to 15.8744kg of methamphetamine — objective seriousness — role of offender is that of a courier — offender not at top of hierarchy and was in position that exposed her to detection — offending at midrange of objective seriousness — antecedents — s 16A(2)(m) — offender is Mexican citizen and may be subject to linguistic and cultural differences in prison but no evidence on balance of probabilities that imprisonment harsher for her than ordinary prisoner — fact offender did not come to Australia for purpose of offending and will be unusually isolated in prison taken into account but accorded little weight — guilty plea — s 16A(2)(g) — entitled to 25% discount — co-operation — s 16A(2)(h) — offender provided assistance of medium value and discount of 15% allowed — rehabilitation — s 16A(2)(n) — offender has excellent prospects of rehabilitation and demonstrated as much during time in custody to date through positive attitude exhibited in gaol, employment in prison and assistance rendered to others whilst in custody — offender has abstained from drugs whilst in gaol — sentence — sentence imposed 7 years’, 2 months and 12 days imprisonment with four year and ten 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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