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R v Keen [2022] NSWDC 369

The offender was sentenced following a plea of guilty to 1 count of aiding and abetting in an attempt to possess a commercial quantity of an unlawfully imported border-controlled drug contrary to ss 11.1(1), 11.2(1) and 307.5(1) of the Commonwealth Criminal Code. Offender was also sentenced for a State drug offence. Offending related to 149.3 kilograms of pure cocaine.

Nature and Circumstances: Offender intended that their conduct would assist others to possess the cocaine. Offender’s acceptance of the consignment assisted others to distance themselves from it. Offender was not a principal of the syndicate and acted as directed. They were a trusted participant. Offender had some knowledge of what was to occur and accordingly their conduct involved some planning and pre-meditation. The quantity of the drug was substantial being about 74 times the commercial quantity. Offender must have been aware that they were aiding and abetting in an attempt to possess a substantial quantity of drugs with significant value.

Specific Deterrence: There is a need for specific deterrence. Offender has spent some time in custody for a serious offence involving the manufacture of a large commercial quantity of prohibited drugs. However, the offender has accepted responsibility of their actions and embarked on a genuine process of rehabilitation.

Rehabilitation: Offender has a stable relationship and good social support. Offender has completed courses in custody and engages in meaningful work. Offender is getting to an age where, on release, the pro-social features of their life will outweigh the anti-social features.

Offender sentenced to 9 years imprisonment with a non-parole period of 5 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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