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R v Kedwell [2022] NSWDC 368

The offender was sentenced following pleas of guilty to 2 counts 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 376 grams of pure methylenedioxymethamphetamine (MDMA).

Nature and Circumstances: The pure weights in each count represent more than 370 times the marketable quantity of 0.5 grams. Offender was clearly aware of the quantities of both packages and they were the person responsible for their purchase. Offender was not only the intended recipient of the drugs but was responsible for their purchase and importation into Australia. Offender was not acting as an intermediary in some greater commercial enterprise. Offender intended to supply the drugs to another person or persons.

Antecedents: Offender has a limited criminal history which involves 1 offence of larceny and 2 offences of driving while suspended. Offender’s criminal history does not include any prior drug offences and they have never served a sentence of full-time imprisonment. Offender had a serious gambling problem and committed the offences with the intention of making money to relieve financial problems they were experiencing at that time arising from their gambling. While this provides some explanation for the offences, it does not excuse or mitigate them.

Hardship: Offender’s time in custody will be very difficult for them because it is their first custodial term; because of their mental health diagnosis, especially their anxiety disorder; and due to separation from their family.

Rehabilitation: Offender’s frank admissions about having themselves bought the drugs online and their reasons for doing so mount to some degree of remorse. Offender’s prospects for rehabilitation are closely linked to their willingness and capacity to abstain from gambling. If offender returns to gambling, their prospects for rehabilitation would likely be impaired. Appropriate treatment of offender’s anxiety disorders would likely improve their prospects for rehabilitation. The fact that offender remains united with their partner, is the parent of a young child, and remains close to their mother are factors which provide some support. Offender’s prospects are uncertain but reasonable.

Offender sentenced to 4 years with a non-parole period of 2 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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